Court disposed of two cr.POs under Section 482 Cr.P.C. seeking directions to expedite a delayed complaint regarding alleged misuse of funds for software purchase in a government college, noting the transaction was completed years ago.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.07.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.Nos.17765 & 17766 of 2018
M.Gobi Shankar ... Petitioner in both Crl.OPs. Vs.
1 The Chief Secretary/ Chief Vigilance Officer, Chief Secretariat, Goubert Avenue, Puducherry – 605 001.
2 The Secretary ( Education), Government of Puducherry, A Block, 1st Floor, Perunthalaivar Kamarajar Centenary Education Complex, 100 feet Road, Anna Nagar, Puducherry-5. ... Respondents in both Crl.OPs.
Prayer in both Crl.O.Ps.: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to give directions to the respondents to expedite enquiry upon the complaint dated 04.12.2017 given by the petitioner. For Petitioner in both Crl.OPs. : Mr.R.Gururaj For Respondent in both Crl.OPs. : Mr. D.Bharatha Chakravarthy Public Prosecutor (Pondy)
ORDER
This Criminal Original Petition has been filed seeking to direct the respondents to expedite enquiry upon his complaint dated 04.12.2017 given to the respondents.
2 Reading of the complaint dated 04.12.2017 indicates that the petitioner has some grievance against the Principal of Women's Government Polytechnic College, Lawspet, Puducherry regarding his discretion to purchase software products worth Rs.3,17,754/- from the Central Government grants.
3 The typed set of papers indicates that the entire purchase transaction has completed as early as 12.03.2015, the day on which the software products were invoiced by the
supplier. After lapse of three and half years, this petitioner has given a complaint to CBI, wherein the Joint Director of CBI informed him that the alleged fraud to the tune of Rs.3,17,754/is very trivial for CBI to take up the investigation and therefore, he has forwarded the matter to the Central Vigilance Officer, Puducherry for appropriate action.
4 This Court is unable to find out from the learned counsel why such a complaint against the Principal three and half years after completion of the transaction has been emanated. The learned counsel for the petitioner is also not able to point out how there is a violation of tender process and by such violation, how the Principal or any person involved in the said purchase had obtained any pecuniary advantage.
5 The learned counsel appearing for the respondents submits that the matter is under consideration of the Chief Vigilance Officer and he will take up appropriate decision on the complaint as early as possible.
6 Recording the above submission, this Criminal Original
Petition is disposed of.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
rpl
To
1 The Chief Secretary/
Chief Vigilance Officer,
Chief Secretariat,
Goubert Avenue,
Puducherry – 605 001.
2 The Secretary ( Education),
Government of Puducherry,
A Block, 1 st Floor,
Perunthalaivar Kamarajar Centenary Education Complex,
100 feet Road, Anna Nagar, Puducherry-5.
+1cc to Mr.R.Gururaj, advocate sr.no.45659
Crl.O.P.No.17765 & 17766 of 2018
gjii(co) nr 31/07/2018
M. Gobi Shankar
Senior Secretary/Chief Vigilance Officer
Secretary (Education)
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
