Madras High Court
Christhudhas.G vs The Additional Chief Secretary To ... on 16 May, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.13891 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 31.01.2025
Pronounced on : 16.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.13891 of 2022 and
WMP(MD) Nos.9882 & 9883 of 2022
Christhudhas.G ... Petitioner
Vs
1.The Additional Chief Secretary to Government,
The Department of Animal Husbandry, Dairying, Fisheries
and Fishermen Welfare,
Fort St.George,
Chennai- 600 009.
2.The Secretary to Government,
Public Department, Chennai. ...Respondents
[R2 suo motu impleaded vide order dated 18.11.2024]
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records pertaining to the impugned orders passed in the
proceedings in G.O.(2D) No.11, dated 30.05.2022 and G.O. (2D) No.12
dated 31.05.2022 passed by the Respondent and quash the same as illegal
and consequently direct the respondent to allow the petitioner to retire
from service along with all retirement and monetary benefit of
1/36
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm )
W.P(MD)No.13891 of 2022
Additional Milk Commissioner and to pass such further or other orders
as this Honble Court may deem fit and proper in the circumstances of
the case and thus render justice.
For Petitioner : Mrs. A.L.Gandhimathi,
Senior Counsel for
Mr.C.Mayilvahana Rajendran
For Respondents : Mr.Veerakathiravan
Additional Advocate General
Assisted by
Mr.K.Balasubramani
Special Government Pleaader
*****
ORDER
The petitioner, who served as an Additional Milk Commissioner in the respondent Department was placed under Suspension, vide G.O. (2D) No.11, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (MP.II) Department, dated 30.05.2022 and he was not allowed to retire from services, vide G.O.(2D) No.12, Animal Husbandry, Dairying and Fisheries (MP.II) Department, dated 31.05.2022. Challenging the same, the petitioner has filed this writ petition.
2.According to the petitioner, he was appointed through Tamil Nadu Public Service Commission in the year 1989 as Senior Inspector of 2/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Co-operative Society. He was promoted to various other posts and as an Additional Milk Commissioner on Adhoc basis, as per Section 7(1) of the Tamil Nadu Government Servants (Condition of Service) Act, 2016 on 05.11.2019. An audit enquiry was conducted with regard to the purchase of Registers for the Primary Milk Co-operative Societies and the Audit team has submitted a report that this petitioner has caused loss to the tune of Rs.1,75,33,953.50/- to the Co-operative Milk Societies. The Vigilance and Anti Corruption Department has conducted an enquiry in this regard and has recommended for appropriate departmental action as against Mr.C.Kamaraj, I.A.S., the then Director and Mr. Vallalar, I.A.S., the then Commissioner and this petitioner / the then Additional Milk Commissioner. Thereafter, the petitioner was placed under suspension and he was also not allowed to retire from service vide G.O. (2D) No.11 & 12, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (MP.II) Department, dated 30.05.2022 and 31.05.2022 respectively.
3.Learned Senior Counsel appearing for the petitioner submitted that this petitioner had served in the Department for 33 years and he is 3/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 having an unblemished record, promoted as Deputy Registrar in the year 1996 and as Deputy Milk Commissioner in the year 2019 and as Additional Milk Commissioner in the year 2019. He was due to retire from service on attaining the age of superannuation on 31.05.2020. The Commissioner, Milk Production and Dairying Development, Chennai sought a report from the Deputy Registrars of all the Districts, regarding the departmental proceedings, if any, pending as against the petitioner or any dues liable to be paid by him to the Government. Reports have been submitted that there is no adverse record as against this petitioner and therefore the Commissioner, vide his proceedings in RC No. 3827/B2/2020, dated 23.04.2020, permitted the petitioner to retire from service on 31.05.2020. The Vigilance and Anti-Corruption Department have also issued a clearance that there was no enquiry or any investigation pending in the Directorate as against this petitioner. In the meantime, the Government, vide G.O.(Ms).No.51, dated 07.05.2020 increased the age of superannuation of the Government servants from 58 years to 59 years and then to 60 years vide G.O.(Ms) No.29, dated 25.02.2021. The petitioner, not inclined to continue with the service, made a request for voluntary service with effect from 31.10.2020. The 4/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Commissioner has also permitted the petitioner to retire on Voluntary Retirement Service, by his proceedings, dated 08.10.2020. However, the petitioner has withdrawn his request for VRS on 30.11.2020. While so, he was issued with the impugned orders, suspending him and retaining him in service and not permitting to retire from service, based on the report submitted by the Vigilance and Anti-Corruption.
4.Learned Senior Counsel further submitted that the impugned orders were passed as against the guidelines issued by the Government in G.O.Ms.No.144, Personal and Administrative Reforms (N) Department, dated 08.06.2007, in and by which, the Government has issued certain instructions to avoid suspension on the date of retirement. In the said Government Order, it is stated that if the gravity of the lapses committed by the Government servants is of serious in nature, which warrants major penalty, the question of suspension has to be initiated well in advance before the date of retirement and a decision has to be taken three months before his retirement, instead of waiting till the date of his completion of age of superannuation. She has also relied on the earlier proceedings of the Commissioner of Milk Production and 5/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Dairying Development in Rc.No.3827/B2/2020, dated 23.04.2020, permitting the petitioner to retire on the due date on 31.05.2020. The Commissioner has also, in consideration of the VRS request, has passed a similar order on 08.10.2020, permitting him to retire on VRS. The above proceedings were made by the Commissioner, after ascertaining the report from the Deputy Registrars as well as from the Directorate of Vigilance and Anti-Corruption. However, without considering those earlier proceedings, dated 23.04.2020 and 08.10.2020, the impugned orders of suspension and retention in service have been passed. Even if there was any allegation, they ought to have initiated proceedings three months prior to his retirement.
5.She further submitted that the petitioner, being the Additional Milk Commissioner, has initiated some disciplinary action as against some of the officers of Aavin for certain malpractice and misappropriation of the funds of Aavin and those officers, who have been affected on account of the action taken by the petitioner, lodged false complaint, on which, an enquiry was contemplated and he has also been issued with the impugned orders.
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6.According to the learned Counsel, the petitioner was placed under suspension and a charge memo was also issued, based on the recommendations of the Vigilance and Anti-Corruption Department. In fact, the recommendation was made not only as against the petitioner, but also against Mr.C.Kamaraj, I.A.S., the then Director and Mr. Vallalar, I.A.S., the then Commissioner. However, action against those two IAS officers were dropped by the Government, vide Letter No.1130/2022-1, Public (Special-A) Department, dated 26.05.2023. This petitioner is the second level officer. The Director and the Commissioner/IAS officers are vested with the powers to award printing and supply orders of Registers, as required by the Milk Co-operatives. The petitioner has nothing to do with the award of supply of Registers. He has simply executed the directions of the Director and the Commissioner. However, he has been made as a scapegoat. Therefore, she prayed for appropriate orders.
7.On the above submission made by the petitioner that though he was charged along with the Commissioner and the Director, namely 7/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Mr.C.Kamaraj, I.A.S., and Mr. Vallalar, I.A.S., those two officers have been exonerated from the charges and this petitioner alone is facing the disciplinary proceedings, this Court (Coram - Honourable Justice Mr.Sathya Narayana Prasad), has passed an order on 24.10.2024, directing the respondents / Additional Chief Secretary to Government, the Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare, Chennai, to file a reply affidavit as to the reasons for dropping the charges as against those two IAS officers.
8.The first respondent has filed a reply that the staff of the Department have failed to appraise the then Director and Commissioner, namely Mr.C.Kamaraj, I.A.S., and Mr. Vallalar, I.A.S., about the procedure to be followed as per the Tender Act and as such, they might have taken the decision without proper details having been submitted to them. Therefore, the competent authority has dropped the further action as against those two IAS officers, based on the detailed enquiry, vide Government Letter No.1130/2022-1 Public (Special-A) Department, dated 26.05.2023.
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9.The first respondent has filed a counter affidavit that this petitioner is facing disciplinary proceedings in connection with purchase of Registers for Primary Milk Co-operative Societies. There are 8840 numbers of Primary Milk Co-operative Societies functioning in Tamil Nadu. The Primary Milk Co-operative Societies are procuring milk from its members and they are maintaining certain Registers, with regard to the quantity of milk procured, its quality. The Director / Commissioner of Milk Production and Dairying Development has taken a unanimous decision in the year 2019 that all the Primary Milk Co-operative Societies should maintain uniformity in entering accounts in various types of Registers. This decision was communicated by a Circular in Ref.No. 14345/K1/2019, dated 13.09.2019. Quotations have been obtained from six Co-operative Stores/Co-operative printing presses. The Society, by name, Tuticorin Co-operative Stores had submitted a quotation for a sum of Rs.2282.10/- including GST for supply of five Registers, namely,
1.Milk Payment Register
2.Purchase Register
3.Pay Register
4.Income and Expenditure Register
5.Day Book.
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10.According to the first respondent, among the six Societies, which submitted quotations, the quotation submitted by Tuticorin Co- operative Stores Limited was considered to be the lowest quotation and it was approved by Mr.C.Kamaraj, the then Director, vide RC.No. 15370/K1/2019, dated 15.11.2019, permitting the Department to issue purchase orders to the Tuticorin Co-operative Societies Limited. In the meantime, he was transferred, due to which, the file was not processed for nearly 50 days. Thereafter, Mr. Vallalar, I.A.S., has assumed office. A new Moot file was initiated on 30.12.2019, forwarded by this petitioner and it was sent for re-approval to the Commissioner on 30.01.2020 to Mr.Vallalar, I.A.S., and in turn, he approved the same on 12.02.2020. This approval was also communicated to the Tuticorin Co-operative Stores Limited for the supply of above five Registers and the Deputy Registrars of all the Districts were instructed to receive Registers from the Tuticorin Co-operative Stores Limited and to make payment directly to the Stores, by a communication in RC No.15380/K1/2019, dated 12.02.2020, from the Milk Commissioner's office. However, deliberately the price of the Registers was not mentioned. Taking advantage of the same, Tuticorin 10/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Co-operative Stores Limited has supplied three Registers, namely, Day Book, Purchase Register and Pay Register altogether at the rate of Rs.2688/-, which is more than the cost quoted by them for five Registers as Rs.2282.10/-.
11.According to the first respondent, the petitioner / the then Additional Milk Commissioner had wantonly failed to mention the price fixed as Rs.2282.10/- including GST and enabled the Tuticorin Co- operative Stores to collect exorbitant rate from the Deputy Registrar of Milk Co-operative Societies in the State with ulterior motive. An audit enquiry was conducted by the Audit Team and the Audit Team has pointed out that serious procedural irregularities have been occurred, which resulted in loss to the tune of Rs.1.75 Crores to the Societies.
12.The first respondent further claimed that the Tuticorin Co-operative Stores is not having any infrastructure to print and supply the huge quantity of Registers to all 8790 Milk Unions. One Vellaiammal is the Manager of Tuticorin Co-operative Stores and she has placed orders to her husband P.Kannan, who is running M/s.Global Traders. 11/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 The Vigilance and Anti-Corruption Department has found that there is no agency in the name of M/s. Global Traders and the address shown for M/s.Global Traders is also a fake one. The said Vellaiammal, the Manager of the Tuticorin Co-operative Stores, raised invoices in the name of Deputy Registrar for the quantity mentioned in the purchase orders. However, she mentioned three Registers and the price of the Registers as Rs.2400/- and service tax of Rs.288/-, instead of her original quote of Rs.2282.10/-, including GST. Thus, according to the investigating Agency, an excess amount of Rs.438.65/- was collected from 8840 Milk Unions, thereby, a sum of Rs.39,45,656.75/- was gained illegally by Vellaiammal and her husband Kannan and that they have cheated the Government.
13.The Vigilance and Anti-Corruption Department has registered a regular case as against Vellaimammal, the Manager of Tuticorin Co- operative Stores Limited and against her husband Kannan, the alleged proprietor of Global Traders, Tuticorin, under Section 12 of Prevention of Corruption (Amendment) Act, 2018 and under Section 120B, 417, 418 IPC, for having committed an offence of abetment, criminal conspiracy 12/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 and cheating with the knowledge to cause wrongful loss to the Government.
14.The Vigilance Department has recommended for departmental proceedings as against this petitioner, then Director and the then Commissioner of the respondent Department. As against this petitioner, a charge under Section 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 was framed and an enquiry was also contemplated, by appointing an enquiry officer. However, the disciplinary proceedings as against two IAS officers were conducted separately and closed by the competent authority that they were not appraised about the procedures.
15.This Court considered the rival submissions made and also perused the materials placed on record.
16.The petitioner / the then Additional Milk Commissioner was placed under suspension, just one day prior to the date of his retirement on 31.05.2022 and he was not allowed to retire from service, by the 13/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 orders impugned in this writ petition. Admittedly, this petitioner is facing disciplinary proceedings for having caused loss to the Milk Societies to the tune of Rs.1.75 Crores. A charge memo under Section 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 was contemplated and an enquiry is pending. This enquiry has been contemplated, on the recommendations of the Directorate of Vigilance and Anti-Corruption.
17.The main contention of the petitioner is that the Directorate of Vigilance and Anti -Corruption has given a clean chit to the petitioner when he was due to retire on 31.05.2020 and accordingly, he was also permitted to retire from service, by the Commissioner for Milk Production and Dairying Development by his proceedings, dated 23.04.2020. However, he continued in service, pursuant to the Government orders in G.O(Ms) No.51, dated 07.05.2020 G.O.(Ms) No.29, dated 25.02.2021, increasing the age of superannuation of Government servants from 58 years to 59 and then 59 to 60 years. The petitioner has also made a request for VRS in the month July 2020 and even this request was also accepted, based on the report of Vigilance and Anti- 14/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Corruption Department, dated 01.10.2020 that there was no investigation pending as against this petitioner. However, it is contended that on the complaint made by the officers, who are affected pursuant to the action taken by the petitioner, now this petitioner has been placed under suspension.
18.In any event, the materials placed before this Court disclose a clear case of fraud as against the officials for causing loss to the Milk Societies and the Vigilance Department has also recommended for Disciplinary proceedings. Therefore, this Court is not inclined to interfere with the impugned proceedings, on merits.
19.The other ground raised by the petitioner relying on the Government Order in G.O.Ms.No.144, dated 08.06.2007 is also not applicable to the case on hand as the instructions/directions provided in the said Government order would not be applicable to the cases of Directorate of Vigilance and Anti Corruption enquiry. In this case, disciplinary proceedings has been initiated on the recommendation of the Directorate of Vigilance and Anti Corruption and therefore, this 15/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Court is not inclined to accept this contention of the petitioner, based on G.O.Ms.No.144, Personnel and Administrative Reforms (N) Department, dated 08.06.2007.
20.The materials placed before this Court is very much disturbing the conscious of this Court. A fraud has been played in procuring Registers for the Co-operative Milk Unions. The Co-operative Milk Unions in the grass root level are procuring milk from its members and supplying the same to Aavin. Aavin is a Co-operative Milk Movement, established in the year 1958, with an object to help the milk producers and farmers in the rural and to provide quality milk and dairy products to consumers. This, in fact was established by taking note of the development of Amul, a similar Co-operative Movement in the State of Gujarat, which was established in the year 1946. It is reported that Amul is having a turnover of Rs.59,259/- Crores for the financial year 2023-2024 and its overall milk procurement is 350 Lakh litres per day as of 2024. Aavin, which was established in the year 1958 is having a turnover of Rs.7,000/- crores for the financial year 2023-2024 and its overall milk procurement is around Rs.15 Lakhs litres per day as on 16/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 November 2023. Amul is patriated by the Government of Gujarat and Aavin is patriated by the Government of Tamil nadu. Though both are similar Co-operative movements for procurement of milk and sale of milk and dairy products, there is a huge difference between Aavin and Amul in procurement of milk and its turnover.
21.The reasons for this set back can be easily found out from this case. It might be mostly due to the corruption prevailed over the Department. The Milk Societies are procuring milk from its members. They may be recording the quantity and quality of milk, payments made, for which, there is no requirement for any uniform registers and in fact, it is not going to be audited by the Deputy Registrars or any other higher officials. However, an oral decision was taken by the Director / Commissioner of Milk Production and Dairying Development that all the Primary Milk Co-operative Societies throughout the State have to maintain uniformity in entering accounts in the Registers. Accordingly, an order was placed to Tuticorin Co-operative Stores Limited for supply of these Registers to all the Primary Milk Co-operative Societies. The Directorate has not provided any funds, however, they have taken the 17/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 policy decision and compelled the Deputy Registrars of all the Districts to receive the Registers from Tuticorin Co-operative Stores Limited, by making direct payment to the Stores.
22.It appears that this Tuticorin Co-operative Stores Limited has been selected as pick and choose method, through oral instructions among six Societies, without any written communications. Even according to the respondents, six societies have been orally informed to submit their quotations and the quotation submitted by this Tuticorin Co-operative Stores Limited has been identified as the lowest quotation.
23.Admittedly, the Tuticorin Co-operative Stores Limited is not having any infrastructure to print and supply such a huge volume of Registers to all the Milk Unions. However, it was identified as the competent Stores to supply the Registers. Rule 73 of Tamil Nadu Co- operative Societies Rules prescribes certain prohibition and restrictions on making purchase and transacting business by the Societies. Rule 73(2) is extracted as under:-
18/36
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 “73. Prohibition against and restrictions on making purchases or transacting business by societies.
2)[(a) No society shall entrust its printing work to any printing press other than a co-operative printing press except in the following manner, namely:-
(i)When the co-operative printing press has expressed, in writing, its inability to undertake the printing work or where such co-operative printing press does not send any reply within fifteen days from the date of receipt of the reference from the society, the society may entrust its printing work to a printers' service industrial co-operative society, if there is any such society in the headquarters of the society.
(ii)Where there is no such printers' service industrial co-operative society in the headquarters of the society or when such printers' service industrial cooperative society has also expressed, in writing, its inability to under take the printing work or where such printers' service industrial co-operative society does not send any reply within fifteen days from the date of receipt of the reference from the society, the society may entrust its printing work to any printing press.]
(b)Where the society has to entrust its printing work to a printing press other than a co-operative printing press or a printers' service industrial co-operative society, such entrustment shall be made only after calling for quotations or tender:
Provided that nothing contained in this sub-rule shall apply to any single job, the cost of execution of which does not exceed two hundred and fifty rupees in the case of a primary society and five hundred rupees in the case of other societies.” 19/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022
24.There are sufficient number of Co-operative printing presses in the State of Tamil Nadu. In the event, if the Director is intending to procure Registers for the Societies, as decided by the Directorate dated 15.11.2019, they ought to have communicated the same to all the Co-operative Printing Societies in the Tamil Nadu. However, the Tuticorin Co-operative Stores Limited has been selected on pick and choose mode, without any written communications and orders.
25.In fact, the Government of Tamil Nadu itself is having its own printing press and a separate Department [Stationary and Printing Department] is also functioning for printing the pre-printed forms and Registers required for the Government Administration. However, turning a blind eye, a bulk order was placed for supply of five Registers for all Co-operative Societies with Tuticorin Co-operative Stores Limited. In all fairness, this order ought to have been placed to the Government printing press or to the Co-operative Printing Societies as per Rule 73 of the Tamil Nadu Co-operative Societies Rules or atleast the authorities ought to have followed the Tender process. However, the order has been 20/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 placed to the Tuticorin Co-operative Stores Limited, which is not having any basic infrastructure to print the Registers.
26.One Vellaimammal, the Manager of Tuticorin Co-operative Stores Limited has procured the required Registers from M/s.Global Traders, run by her husband. It was also detected by the investigating agency that this M/s.Global Traders is also a fake company. A quotation was made to supply six types of Registers at a cost of Rs.2282.10/- including GST. However, Tuticorin Co-operative Stores Limited has supplied only three types of Registers at a cost of Rs.2688/- as against its own quotation. Instructions have been provided to the Deputy Registrars to receive three types of Registers by a letter in RC No.15380/A1/2019, dated 12.02.2020. This communication has been deliberately made without mentioning the price for the Registers to be purchased from Tuticorin Co-operative Stores Limited. Moreover 155 sets appears to have been purchased in excess.
27.The elected President of Pudhupatti Milk Producers Co- operative Society has raised this issue by submitting a representation to 21/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 the Department of Vigilance and Anti-Corruption, on 29.07.2020 and filed a writ petition before this Court in WP(MD) No.15833 of 2020, seeking a Mandamus to the officials of the Vigilance and Anti- Corruption Department, to take necessary action as against the officers, who have played a fraud in purchase of Registers at a higher price. In the said writ petition, the learned Government Advocate appeared for Department of Vigilance and Anti-Corruption has made a submission that the complaint of the President, Pudhupatti Milk Society was forwarded to the Public (Special A) Department, vide letter, dated 23.11.2020. The Department has taken a stand that the entire files have been handed over to Vigilance Department, however, the petitioner has not prosecuted the writ petition and withdrew the same on 25.04.2022. Three other similar writ petitions in WP(MD) Nos.18044, 18046 & 18047 of 2020 were also filed by the Presidents of MS 1962, Valandhur Primary Milk Co-operative Society, MS 1156, Sakkarapatti Primary Milk Co- operative Society and MS 490, Valandhur Primary Milk Co-operative Society respectively, on the same issue, seeking directions to the DVAC to take appropriate action on the fraud played in procurement of Registers. These writ petitions were filed on 07.12.2020 and when those 22/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 writ petitions were taken up for admission on 09.12.2020, all the three writ petitioners withdrew the writ petitions.
28.A policy decision was taken by the Directors/IAS officers that uniform Registers have to be maintained in all the Milk Producers Societies. The Director has not contributed anything or showed any source for the same. By creating a proceedings like this, an order has been placed to the Tuticorin Co-operative Stores Limited, which is not even having the sufficient infrastructure for printing and supply of these Registers. Tuticorin Co-operative Stores Limited has been identified as if it has quoted the least amount, among six other stores, who submitted their quotation. There is no written communication demanding the quote. It appears that this quote has been obtained selectively and orders have been placed to Tuticorin Co-operative Stores Limited. Tuticorin Co- operative Stores Limited has placed its quote as Rs.2282.10/-, including GST of Rs.273.85/- for the supply of six Registers. The quote is also without any date. After approval of the Director, purchase orders were placed to Tuticorin Co-operative Stores Limited, without mentioning the number of Registers and its cost. Taking advantage of the same, 23/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 K.Vellaiammal, the Manager of Tuticorin Co-operative Stores Limited had raised invoice in the name of Deputy Registrars for a sum of Rs.2400/- + GST Rs.288/- for three Registers. In total, a sum of Rs.2688/- has been collected for three Registers as against the original quote of Rs.2282.10/-, including GST, for six Registers. This Tuticorin Co- operative Stores was not having any infrastructure for printing and supply of these Registers and as such, the Manager of Tuticorin Co- operative Stores [Vellaiammal] placed the orders to her husband Kannan and he has supplied the Registers to Tuticorin Co-operative Stores Limited, in the name of M/s.Global Traders. Later, it was detected that the Global Traders is in the fake address. Thus, a sum of Rs.39,45,656.75/- was illegally gained by Vellaiammal and her husband Kannan. Invoice raised in the name of Tuticorin Co-operative Stores Limited has been signed by Kannan.
29.The investigation agency has recommended to register a regular case as against the said Vellaiammal, the Manager of the Tuticorin Co- operative Stores Limited and against her husband Kannan, the proprietor of Global Traders, under Section 12 of Prevention of 24/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Corruption (Amendment) Act 2018 and under Section 120B, 417, 418 IPC. Insofar as the officials are concerned, a recommendation was made by the Vigilance Department for initiating disciplinary proceedings alone. It is not known as to why criminal prosecution was not launched as against the officials.
30.The petitioner was in the cadre of Deputy Commissioner in the pay scale of of Rs.61,900 – Rs.1,96,700/-. Though he is not eligible to be posted as Additional Commissioner, he was posted in the said post on Adhoc basis, in the scale of pay of Rs.1,23,100- 2,15,900/-. The Department claims that a charge memo was issued as against this petitioner, under Rule 17(b) of Tamil Nadu Civil Servants (Discipline & Appeal) Rules, 1955. The recommendation was made by the Vigilance Department on 27.05.2022 and the departmental proceedings was also initiated. However, the disciplinary proceedings has not been concluded so far.
31.As against the IAS officers, a separate proceedings was initiated by the Public Special-A Department and the same was closed by the then 25/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 Chief Secretary of the State that those IAS officers have not been appraised properly about the process. This Court is unable to understand the reasons given by the Chief Secretary for closing the files as against those IAS officers. Being the IAS officers, they ought not to have mechanically followed the recommendations of their sub-ordinates. If anybody claims that an IAS officer has mechanically signed (blind assent - motta kaiyeluthu), then he is unfit to be an IAS officer, holding such top administrative posts.
32.A clear case has been made out as against both the IAS officers, namely, Mr.C.Kamaraj, I.A.S., and Mr. Vallalar, I.A.S., inasmuch as the decision has been taken at their level for procurement of these Registers, when there is no need for the Registers. Six societies have been identified without any written communication and non-inviting quotations from the Co-operative printing Societies is in utter violation of Rule 73(2) of the Tamil Nadu Co-operative Societies Rules. The commission of fraud is not possible without the connivance of the officials. The Vigilance and Anti-Corruption Department has also found the role played by the IAS officers. However, instead of registering a regular case, they have been 26/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 exonerated from the charges stating that they have not been appraised properly.
33.In fact, as a Law Officer for 8 years and as a Judge of this Court for 6 years, I have witnessed several cases, where the proceedings initiated as against the IAS officers alone were dropped, whilst the proceedings as against the other officers were allowed to be proceeded. In this case also, though the IAS officers have mooted the fraud by taking a policy decision for purchasing uniform registers, when there is no requirement for such uniform registers in the Co-operative Societies, they have been exonerated stating that they have simply followed the recommendations of the subordinates. The proceedings was also dropped as against these two IAS officers by the then Chief Secretary. Considering the manner, in which, these IAS officers have been exonerated from the charges, I verified as to whether any IAS officers has ever been convicted. This Court takes judicial notice of the fact that though action has been initiated and criminal cases have been registered as against the corrupted Ministers for possessing more asset than their known sources of income, no action has ever been taken as against the 27/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 erring IAS officers, who are heading the Departments. Data was made available that in between 2018 and 30.06.2023, 135 cases have been registered as against the civil servants all over India. In the State of Tamil Nadu alone, five cases have been registered. However, none of the officers has been convicted. Without the connivance of the Head of the Department, there cannot be any fraud. If the Head of the Institution is a right person, then there cannot be any corruption in their departments.
34.Corruption has now become the order of the day and there is no mechanism to prevent the corruption as well as to take effective steps as against the corrupt officers. It is regrettable that in the existing system, those who are having money and powerful persons can achieve anything by delaying the process and to get rid of the offence.
35.The Vigilance Department is functioning only for name sake, by registering few cases as against the ordinary Government servants. The Vigilance Department has not been provided with adequate man power. Approximately 100 to 150 investigation officers are available to monitor the entire 14 to 15 lakhs State Government employees. There is no 28/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 accountability and responsibility for the Government servants. In order to have effective administration, and corrupt free administration, the Government appointed a Committee headed by Justice A.K.Rajan, to give some suggestions in the year 2008. Justice A.K.Rajan's committee has made certain recommendations in the year 2010, which was also accepted by the Government, vide G.O.Ms.No.24, Personnel and Administrative Reforms Department, dated 17.02.2010. The Government, has entrusted the task of fixing responsibility and accountability to all the Department Heads/the IAS officers. Very few Departments have fixed the responsibility and accountability, as of now. Though several orders have been passed by this Court insisting for the implementation of the above Government Order, till date, most of the Departments have not implemented the same in its letter and spirit. The Chief Secretary has also reminded the Departments vide D.O.Letter No. 25623/AR-I/2020-4, dated 11.12.2020. Even then, the IAS officers / Head of the Departments are not inclined to fix the responsibility and accountability of the staff.
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36.The Chief Secretary and the Vigilance Commissioner must have the courage and conviction to question the erring IAS officers. IAS officers are so powerful that not even a single erring IAS officer has ever been punished so far. It can be taken that their batch mates / friends are always there to rescue them. The conduct of Officers of Indian Administrative Service is regulated through a statutory frame work, like the All India Services (Conduct) Rules, 1968, the All India Services (Discipline and Appeal) Rules 1969 and also through the Prevention of Corruption Act, 1988.
37.Section 3 of All India Services Act, 1951, lays down foundational standards of behaviour for IAS officers. Rule 3 of the Rules provides certain obligations forming the core principles around which, all other conduct expectations are structured. The Officers of the Indian Administrative Services are selected in tough competition. Those without knowledge and dedication can never become IAS officers. However, after entering into service, their attention got diverted. They are expected to maintain high ethical standards, integrity and honesty and accountability in public services.
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38.Rule 2B of the Conduct Rules specifically mandates that the civil servants should not misuse their position and shall not take decision in order to derive financial or material benefits for themselves/their family/friends. IAS officers are the backbone of Indian administration. They implement government policies, maintain law and order, manage development programs, and ensure smooth functioning of governance at every level. As District Collectors, they handle crises and public welfare. At higher levels, they shape policies and lead key departments. They act as a bridge between the government and the people, upholding constitutional values and driving nation-building. If any one of the officer commits any mistake, the faith and confidence of a common man on the entire system would be lost. The officers, who assume office after taking oath, have to rethink of their oath or they must be made to understand and realize their responsibility towards the Society.
39.The Cabinet Secretary of the Government of India has also realized the number of incidents reported as against the civil servants and has made a communication to all the Secretaries of the Government 31/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 of India by a letter, in D.O.No.11017/04/2010-AIS-III, dated 03.03.2010 and I am inclined to extract the same as under:-
“Of late there have been some disturbing incidents which call for serious introspection by civil servants. It is important that we ponder over the manner in which we discharge our duties and fulfil our responsibilities and what we need to do to refurbish our image.
2. Civil servants are appointed on the basis of a fair and open competition. We must respond in full measure to the faith that citizens have reposed in us and meet their hopes and aspirations of good governance. Integrity, honesty, objectivity, impartiality, transparency, accountability and devotion to duty are the core values, which civil servants should cherish and which should form an integral part of our decisions and actions.
3. The issue of corruption needs to be addressed fairly and squarely. The Government's policy of zero tolerance for corruption must be implemented fully and effectively. Preventive vigilance should be strengthened. Transparency must be introduced in decision making and in all our systems. Stringent action must be taken against officers found guilty. Disciplinary proceedings must be expedited.
4. We need to stand by and uphold our core values. Senior officers must set an example and mentor their colleagues. The Civil Services must work whole-heartedly to provide good governance.
5. Please share these sentiments with all officers. Let us resolve to serve the nation and the citizens in a committed manner.” 32/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022
40.It is to be noted that the situation in 2025 is worst than the situation in 2010. Therefore, the Secretary to Government and the Vigilance Commissioner, Government of India have to ensure and implement the Government Policy of zero tolerance for corruption. Even officers with integrity and reputation are yielding to the pressure and are helping the corrupt officials, as that of this case. The Vigilance Commissioner has to take a call on this issue. Therefore, this Court is inclined to forward a copy of this order to the Central Vigilance Commissioner, Government of India for taking appropriate action and to ensure that this type of offences are not repeated again.
41.In view of the foregoing reasons and discussions, this Court is passing the following order:-
i. A clear case has been made out and the disciplinary proceedings has already been initiated as against this petitioner by appointing an enquiry officer. Therefore, the writ petition stands dismissed.33/36
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 ii. The disciplinary proceedings initiated as against this petitioner shall be concluded within a period of three months from the date of receipt of a copy of this order.
iii. Since there is prima facie material as against the IAS officers, namely, Mr.C.Kamaraj, I.A.S., and Mr. Vallalar, I.A.S and also against this petitioner, the Directorate of Vigilance and Anti Corruption, Chennai is directed to re-open the case as against the above two IAS officers and the petitioner/Additional Milk Commissioner by registering a regular criminal case and to take further course of action in accordance with law.
iv. The Central Vigilance Commissioner, Government of India shall take a call on the issue, the manner in which the fraud has been committed, the manner in which the IAS officers have been exonerated and to take appropriate action and also to ensure that the the Policy of the Government of zero tolerance against corruption is sustained.34/36
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 There shall be no order as to costs. Consequently, connected Miscellaneous petitions are closed.
NCC : Yes / No 16.05.2025
Index : Yes
Internet : Yes
vrn/gk
To
1.The Additional Chief Secretary to Government,
The Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare, Fort St.George, Chennai- 600 009.
2.The Secretary to Government, Public Department, Chennai.
3.The Director, Directorate of Vigilance and Anti Corruption, Chennai.
4.The Vigilance Commissioner, Central Vigilance Commission, Government of India, Satarkta Bhavan, Block A, GPO Complex, New Delhi.35/36
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm ) W.P(MD)No.13891 of 2022 B.PUGALENDHI, J.
vrn Pre-Delivery Order made in W.P(MD)No.13891 of 2022 and WMP(MD) Nos.9882 & 9883 of 2022 16.05.2025 36/36 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/06/2025 09:06:55 pm )