Petitioner moved Cr.P.C.482 urging vigilance authorities to register a case for corruption in railway tenders. Bench held authorities are bound by the IRVM procedure. Court directed completion of preliminary enquiry within three months.
Direction to complete preliminary enquiry within 3 months and furnish report to petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.08.2019
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.OP.No.7491/2019
and
Crl.MP.10608/2019
G.Kumaresan ..Petitioner Vs 1.The Chief vigilance Officer, Southern Railway, CAO Office Building, 7th Floor, Egmore, Chennai 600 008. 2.The Central Vigilance Commissioner, A-Block, GPO Complex, Satarkala Bhavan, INA, New Delhi, Delhi-110023. ...Respondents (R2 impleaded as per order dated 01.04.19 made in Crl.MP 4637/19 in Crl.OP.7491/18)
Prayer:- Petition filed under section 482 Cr.P.C., to direct the respondent to take steps to register a case on the complaints given by the petitioner dated 26.02.2019 and 12.03.2019 and proceed against the accused persons in accordance with law. For Petitioner : Mr.S.Doraisamy For Respondents: Mr.P.T.Ramkumar for R1 : Mrs.T.P.Savitha for R2
ORDER
The criminal original petition has been filed by the petitioner to direct the respondents to take steps to register a case on the complaint given by the petitioner dated 26.02.2019 and 12.03.2019 and proceed against the accused persons in accordance with law.
Engineer, Mr. N.Jeyaraman for having colluded and conspired with M/s.Mars Construction for calling the tender for the same work which has been allotted to the petitioner in order to make payment and share between themselves. Since the acts of the accused persons amounted to commission of offences punishable u/s.120-B r/w 420, 468 r/w 471 of IPC, Section 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988. By the complaints dated 26.02.2019 and 12.03.2019 the petitioner had requested the respondent to register a case and proceed against the erring officials in accordance with law. Since no proper action was taken, the petitioner had approached this Court seeking for a direction.
preventive checks as per para 406 of IRVM and that thereafter file No.VO/PC/E/2019/03/02159/CMS has been created for this purpose. Further two soil samples have been taken from the site for conducting laboratory tests and sent to Government approved laboratory for analysis and clarification had been obtained from 3 field officials as per guidelines mentioned in para 520 of IVRM. It had been further stated that the Chief Vigilance Inspector has been nominated by the Competent Authority to investigate the allegations made in the complaint and that the said Chief Vigilance Inspector has collected the records pertaining to the contract and that he is in the process of conducting enquiry and that conclusions can be arrived on the allegations made in the complaint only after completion of enquiry following the due procedure contemplated in Indian Railways Vigilance Manual, 2018. The allegations that no steps have been taken by the Vigilance Organisation has been denied. It had been further stated that in the complaints dated 26.02.2019 and 12.03.2019, the petitioner has not made any allegations against the Chief Administrative Officer and the Chief Engineer whereas contrary to the facts allegations have been deliberately made against the officials concerned in the criminal original petition. It had been further stated that the Vigilance Organisation of Railways is empowered to take action only as per the provisions of Indian Railway vigilance Manual (IRVM) and thereafter recommend suitable departmental action as per the Railway Servants (Discipline and Appeal) Rules, 1968 against the erring Officials after the outcome of Vigilance enquiry and that the respondents is not vested with the powers for invoking action under the Indian Penal Code and Prevention of Corruption Act against any officials and thereby the criminal original petition is not maintainable.
9.In this case, the complaints have been preferred on 26.02.2019 and 12.03.2019, the respondents have initiated action as per the instructions contemplated in the Indian Railways Vigilance Manual(IRVM), 2018 and that file No.VC/E/2019/03/00823/CMS and VO/E/2019/03/02094/CMS has been created for these complaints. It is seen from the counter affidavit that preliminary enquiry has been initiated and it is going on.
10.The learned counsel for the respondent had submitted that due and proper enquiry will be conducted and if it is found that any illegality has been committed, suitable and appropriate action will be taken against the erring officials. Further, it has also been stated that the respondents will complete the enquiry as expeditiously as possible and conclude the enquiry at the earliest.
jrs
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Chief vigilance Officer, Southern Railway, CAO Office Building, 7th Floor, Egmore, Chennai 600 008.
2.The Central Vigilance Commissioner, A-Block, GPO Complex, Satarkala Bhavan, INA, New Delhi, Delhi-110023.
+1cc to Mr.P.T.Ramkumar, Advocate, SR.No.75216 +1cc to Mr.S.Doraisamy, Advocate, SR.No.74835
Crl.OP.No.7491/2019 and Crl.MP.10608/2019
Kak(13/09/2019)
2 issues framed by the court
Whether the Vigilance Organisation of Indian Railways has the power to register a case under IPC and PC Act for departmental misconduct.
Whether the direction to register a case can be issued under section 482 Cr.P.C. when the investigation must follow the Indian Railway Vigilance Manual.
3 provisions across 3 enactments
G.Kumaresan
Chief Vigilance Officer, Southern Railway
Central Vigilance Commissioner
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
