Madras High Court
Veera. Sambath vs The Director on 19 September, 2019
Author: M. Nirmal Kumar
Bench: M.Nirmal Kumar
WP.No.27254 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
W.P.No.27254 of 2019
Veera. Sambath .. Petitioner
Vs
1. The Director,
Directorate of Vigilance and
Anti Corruption,
No.293, M.K.N. Road,
Alandur, Chennai 600 016.
2. The Deputy Superintendent of Police,
Directorate of Vigilance and Anti-
Corruption Department,
V.G.P. Nagar, East Salamedu,
Villupuram 605 401.
3. The Director,
Rural Development and Panchayat
Raj Department,
Panagal Building,
No.1, Jeenis Road,
Saidapet, Chennai-15.
4. The Panchayat Secretary,
Agoor Panchayat,
Agoor Village & Post,
Tindivanam Taluk,
Villupuram District.
5. The Block Development Officer,
Mailam Block Development Office,
Kootteripattu & Post,
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WP.No.27254 of 2019
Tindivanam Taluk,
Villupuram District.
.. Respondents
Prayer:Writ Petition filed under Article 226 of Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records
and order of the 1st respondent dated 3.10.2018 in Petition
No.9572/2018/RDP/VPM and quash the same as illegal and further
direct the respondents 1 and 2 to register the petitioner's complaint
dated22.09.2018 and investigate the same within a stipulated time
fixed by this Court.
For Petitioner : Mr. J. Antony Jesus
For Respondent : M/s. T.P. Savitha,
Govt. Advocate (crl.side)
ORDER
The petitioner has filed this Writ Petition calling for the records and to quash the impugned order passed by the 1st respondent dated 3.10.2018 in Petn.No.8572/2018/RDP/VPM and further direction directing the respondents 1 and 2 to register the petitioner's complaint dated dated 22.09.2018 and investigate the same within the time fixed by this Court.
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2.In the affidavit, the petitioner has admitted several averments against the Block Development Officer, Mailam Panchayat Union, Panchayat Secretary, Agoor Village Panchayat, Mailam panchayat Union in implementation of PMAY (G) Housing Scheme for Tribals in Agoor panchayat regardig construction of overhead water tank.
The other allegations are as as follows;
1. That the Sos indulged in corruption activities and misappropriated Government funds during the year 2013- 2014 and recorded as if an Over Head Tank with the capacity of 10,000 liters was constructed at a value of Rs.2,50,000/- at Agoor panchayat of Mailam Union of Villupuram Distrcit and thus embezzled the Government fund.
2. That the Sos indulged in corruption activities and misappropriated Government funds during the year 2016- 2017 in the implementation of PMAY scheme at Agoor Village Panchayat and recorded as if the relevant PMAY scheme houses were constructed by the respective beneficiaries but actually the scheme houses were not constructed and thus embezzled the Government funds.
3. That the Sos indulged in corruption activities and misappropriated Government funds during the year 2017- 2018 in the implementation of PMAY scheme at Agoor Village 3/8 http://www.judis.nic.in WP.No.27254 of 2019 Panchayat and withdrawn the amount paid under the scheme tot he beneficiaries concerned without the knowledge of the beneficiaries from their bank account maintained in South Indian Bank, Theevanur Branch and on complaint of the bank concerned the withdrawn amount remitted back to the account of the beneficiaries concerned on 19.11.2018 and thus the Sos fabricated forged documents, forged signatured with intention to embezzle the amount paid to the beneficiaries unde PMAY scheme.
4. That the SOs indulged in corruption activities and misappropriated Government funds in the implementation of IHHL scheme, Soak Pit and implementation of schemes under General Fund at Agoor Village Panchayat of Mailam Union withoutresoltuion of the Village Panchayat but payments were made to few particular persons and thus embezzled the Government fund.
5. That the Sos indulged in corruption activities and misappropriated Government funds in the implementation of MGNREGA scheme at Agoor Village Panchayat of Mailam Union and bulldozed the Government Siddha Hospital Building overnight at Agoor Village survey No.22/5 and a new building for Village Panchayat was constructed and thus embezzled the Government funds.
6. That the Sos indulged in corruption activities and misappropriated Government funds in the implementation of MGNREGA scheme at Agoor Village Panchayat of Mailam 4/8 http://www.judis.nic.in WP.No.27254 of 2019 Union during the year 2017-2018 and the Government funds were embezzled as if earth bending, Farm Pond were formed/digged at the lands of beneficiaries concerned and thus embezzled the Government funds tot he tune of Rs.7,69,000/-.
3. Learned Government Advocate (crl.side), produced before this court a communication dated 3.9.2019 forwarded by 2nd respondent to 1st respondent stating that on the complaint by the petitioner, preliminary enquiry has been registered vide PE 58/2019/RDP/VPM and registration report, plan of enquriy has been sent to 1st respondent. She would further state that during enquiry if any offence is made out, further action would be taken as per law.
4. It is also represented that the petitioner is summoned for enquiry on 20.09.2019 for submitting of documents and to record his statement. The petitioner is directed to cooperate with the investigation and furnish all the materials available with him and it is instructed to the 2nd respondent that endeavour would be made to complete the enquiry within the stipulated time since public 5/8 http://www.judis.nic.in WP.No.27254 of 2019 funds are involved in it.
5. Recording the submission of the learned Govt. Advocate (crl.side), this petition is disposed of. No costs.
19.09.2019 msr Index:Yes/No Internet:Yes/No speaking order/non speaking order To
1. The Director, Directorate of Vigilance and Anti Corruption, No.293, M.K.N. Road, Alandur, Chennai 600 016.
2. The Deputy Superintendent of Police, Directorate of Vigilance and Anti- Corruption Department, V.G.P. Nagar, East Salamedu, Villupuram 605 401.
3. The Director, Rural Development and Panchayat Raj Department, Panagal Building, No.1, Jeenis Road, Saidapet, Chennai-15 6/8 http://www.judis.nic.in WP.No.27254 of 2019
4. The Panchayat Secretary, Agoor Panchayat, Agoor Village & Post, Tindivanam Taluk, Villupuram District.
5. The Block Development Officer, Mailam Block Development Office, Kootteripattu & Post, Tindivanam Taluk, Villupuram District..
M. NIRMAL KUMAR, J.
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