The importance of timely action in corruption cases and the potential culpability of officers involved in deliberate delay.

JUDGMENT :

B. PUGALENDHI, J.

1. Today, when the matter is taken up for hearing, the learned Additional Advocate General representing the 5th respondent submits that the status report has been filed on behalf of the 5th respondent, as directed by this Court on 04.08.2020.

2. The status report filed by the Joint Secretary to Government, Higher Education Department dated Nil, is placed before this Court, which reads as follows:

“3. It is submitted that this Hon'ble Court in its interim order dated 22.07.2020 has suo-moto impleaded the Secretary, Collegiate Education, Chennai as fifth respondent in this writ petition and ordered to issue a notice to the respondents and to the newly impleaded fifth respondent returnable by 04.08.2020. The newly impleaded fifth respondent shall file a status report on the steps taken by him on the complaint forwarded by the department on 02.12.2019 in Proceedings No. 12756/2019/EDN/CC-HQ, as required under second proviso to Section 17A of the Prevention of Corruption Act, 1988 as amended in the year 2018.

4. It is submitted that the Petition No. 12756/2019/EDN/CC-HQ, dated 02.12.2019 received by the Government on 06.12.2019 has been examined and considering the veracity of the allegations, Thiru K. Vivekanandan, I.A.S. Director of Technical Education has been directed to examine and submit a report to Government for necessary action.

5. It is submitted that the delay in examining the petition is neither wilful nor wanton but due to the existing COVID Pandemic situation.

6. It is submitted that as soon as a report is received from Thiru K. Vivkanandan, I.A.S. Director of Technical Education the decision shall be taken immediately and the court shall be apprised accordingly.”

But, there is no further particulars in the status report other than the submission made on behalf of the 5th respondent on 04.08.2020. Not even the date on which, the task of ascertaining the culpability on the complaint to Mr. Vivekanandhan, I.A.S. is stated in the above status report.

3. This writ petition is filed by a Member of Devanga Commercial Association and Moondru Miraasukal Uravinmurai, for a writ of mandamus, directing the respondents 1 and 2 to initiate criminal action against the erring officials of the Devanga Arts College and the officials in the Madurai Kamaraj University and other officials in the Directorate of Collegiate Education, based on his complaint dated 19.11.2019.

4. The writ petitioner made certain allegations as against the Administrators of the Devanga Arts College alleging that without following any basic principles, certain appointments were made in the Devanga Arts College, with the connivance of the officials of the University and the official of the Higher Education Department. In support of this contention, the writ petitioner has also relied upon certain documents, which were collected by him under the Right to Information Act.

5. By referring those documents, Mr. Veerakathiravan, learned Senior Counsel representing the learned Counsel on record for the petitioner, demonstrated before this Court that one of the candidates, namely, Kalaiselvi, who was appointed as a Lecturer in the Devanga Arts College, has submitted her application only on 01.11.2017, i.e. the date on which the interview was fixed and she was also appointed on the same day. But the Devanga Arts College Administration has made entries in that application, as if the application was received by them on 17.10.2017. The xerox copy of the application was obtained under the Right to Information Act and also placed before this Court. In addition to that, the learned Senior Counsel has also relied upon a letter of the then Principal of Devanga Arts College dated 19.09.2019 addressed to the Directorate of Collegiate Education that he was compelled to sign in some proceedings connected with the appointments made in the College. In the said letter the Principal has also made certain averments that three persons were appointed in the college withou