Madras High Court
E.Arun vs The Deputy Superintendent Of Police ... on 16 September, 2022
Crl.O.P.No.7423 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 25.08.2022
PRONOUNCED ON : 16.09.2022
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.O.P.No.7423 of 2022
E.Arun .. Petitioner
Vs.
The Deputy Superintendent of Police (DSP),
Vigilance and Anticorruption Department,
District Superintendent of Police office,
No.164, Thendral Nagar, Vengikal,
Tiruvannamalai – 606 604. .. Respondent
PRAYER : This Criminal Original Petition is filed under Section 482 of
Cr.P.C., for a direction to the respondent to register the First Information
Report on the petitioner's complaint dated 18.03.2022.
For Petitioner : Mr.T.V.G.Kartheeban
For Respondent : Mr.S.Udayakumar
Government Advocate
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7423 of 2022
ORDER
The above petition is filed praying for a direction to the respondent police to register the First Information Report on the petitioner's complaint dated 18.03.2022.
2. The petitioner is the resident of the Seeyamangalam Madura Manjapattu Village, Vandavasi Taluk in Tiruvannamalai District. The housing scheme under PMAY was implemented in the year 2016-17 for the petitioner village by the Block Development Office at Thellar Union, Vandavasi. It is alleged in the petition that the allotment was wrongly made in the name of Moorthy, S/o. Chinnapaiyan vide Registration No.TN- 1850174 and two houses were allotted to the said Moorthy, S/o. Chinnapaiyan by the proposed accused viz. Thellar Block Development Officer, Village Panchayat Secretary, Block Development Officer and Deputy Block Development Officer.
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3. It is further averred that the original beneficiary name is Chinnapaiyan, S/o.Kattiyan, vide Reg.No.TN-1074171, which is converted to allot to said Moorthy, S/o. Chinnapaiyan, by the said named accused persons. It is the further allegation that the said Moorthy does not own necessary revenue patta in respect of the two houses allotted in his name. Even before the completion of the construction, the entire amount has been paid to Moorthy's account in the State Bank of India and hence, the petitioner has filed the above petition seeking a direction for registration of the complaint.
4. On notice to the respondent/Vigilance and Anti-Corruption, Tiruvannamalai Detachment, the said complaint given by the petitioner has been forwarded to the Directorate of Vigilance and Anti-corruption, Chennai on 22.03.2022, as per the provision contained in the Manual of the Directorate of Vigilance and Anti-Corruption Part-II para 10(4).
5. The main allegation is that the allotment was wrongly made to Moorthy, S/o. Chinnapaiyan and two houses are allotted to the said Moorthy _____________ Page No.3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7423 of 2022 and original beneficiary name is Chinnapaiyan S/o.Kattiyan, which was converted to allot the house to the Moorthy, S/o. Chinnapaiyan and it is the further allegation that all the accused persons conspired and thereby gained illegal amounts under PMAY scheme.
6. The respondent/Vigilance and Anti-Corruption, has forwarded the complaint to the Head of Department i.e. District Collector, Tiruvannamalai. The District Collector has nominated PA to District Collector to conduct a preliminary enquiry, as contemplated and under the Prevention of Corruption Act. Accordingly, preliminary enquiry was conducted and a report has been submitted that there is violation warranting departmental action under Rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
7. As per the preliminary report submitted by the officer-in-charge of the preliminary committee, for the Financial Year 2016-17, 2017-18 in respect of implementation of the PMAY scheme in Seeyamangalam Village by taking note the list of the beneficiaries as per the SECC Data 2011, instead of allotting to the beneficiary listed in the said list, person not enumerated in _____________ Page No.4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7423 of 2022 the list, has been given work allotment order and the beneficiary list also found to be tampered with. As per the report submitted by the District Collector, work order under PMAY scheme is allotted to the following persons.
Sl.No. Name of the Name of the Name of the Year of the PMAY ID
Village Panchayat beneficiary as per beneficiary Scheme
SECC DATA 2011 constructing the
house
01 Mr.C.Moorthy Mr.c.Moorthy, 2016-17 TN1850174
Seeyamangalam S/o.Chinnapaiyan S/o.Chinnaiya
02
Mr.K.Chinnapaiyan Mr.Po.Chinnaiya 2017-18 TN1074171
S/o. Kattaiyan S/o. Ponnan
8. Hence, the District Collector viz., Head of the Department has ordered for departmental proceedings under Rule 17 (a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and under Rule 9(2)(b)(i) of Tamil Nadu Pension Rules against six persons.
9. After going through the report, financial loss caused to the government by crediting the amount without completion of house is noticed and departmental action has been initiated by the Head of the Department _____________ Page No.5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7423 of 2022 viz., the District Collector. On perusal of the initiation of the departmental proceedings under Rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, I find that for the said Panchayat Union, for the purpose of eligibility and allotment of fund under the PMAY scheme, a Social Economical and Community List has been prepared and as per SECC-2011 list, SECC No.57330500301600000074001, is assigned to one Moorthy S/o.Chinnapaiyan and it appears that instead of giving work order to the said Moorthy S/o.Chinnapaiayan, without verifying the unique identity number, one Moorthy S/o.Chinnaiya was given the work order. Similarly, SECC No.33330500301600000034500062001, is assigned to one Chinnapayan S/o. Kattaiyan and instead of giving work order to him, one ineligible person Chinnaiya S/o.Ponnan, was given the work order.
10. Though I find that there is a similarity in the name of the allottees and actual beneficiaries as per the enumeration list, as stated supra, whether the similarity in the name of the allottees in the waiting list has created confusion in the mind of the public servant or whether in spite of the unique identification number as stated supra, the public servant above named _____________ Page No.6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7423 of 2022 have overlooked the unique identification number and allotted to the persons who is not in the list is matter for investigation.
12. Hence, I am of the view that only an investigation by the Vigilance Department would be able to unearth the above factual position as to whether a mistake has crept in due to the similarity in name or due to the misconduct of the public servant in overlooking the unique identification number given in the enumeration list stated above.
13. Therefore, I find that there is a prima facie element of criminal misconduct as contemplated under Section 13(2) of Prevention of Corruption Act as to whether the overlooking of the unique identification number is for unlawful monetary gain other than the legal remuneration or a simplicitor of mistake and hence, the respondent police is hereby directed to register a case against the above named public servants and the beneficiaries and complete the investigation in the above lines and take further action in accordance with law.
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14. With these directions, the Criminal Original Petition is allowed. The opinion now expressed is for the purpose of disposal of the case. The investigation officer shall not be influenced by the above said finding and shall arrive at an independent finding as to whether there is any mistake on the part of the Block Development Officer and other named public servants in the allotment of the PMAY scheme fund or not.
16.09.2022 Internet : Yes Index : Yes/No ars _____________ Page No.8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7423 of 2022 RMT.TEEKAA RAMAN,J., ars Pre-delivery order in Crl.O.P.No.7423 of 2022 16.09.2022 _____________ Page No.9/9 https://www.mhc.tn.gov.in/judis