Misrepresentation of attendance and withdrawal of funds using a deceased person's identity constitutes grounds for registering a complaint under the Prevention of Corruption Act.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue direction, directing the respondent to register the FIR on the petitioner's complaint dated 22.11.2021, pending on his file.)

1. The Criminal Original Petition has been filed for registering the FIR on the petitioner's complaint dated 22.11.2021 by the respondent police.

2. Brief facts leading to the filing of the Criminal Original Petition, ars as follows:

(i) The petitioner is residing at Easwaran Koil Street, Amudur Village, Vandavasi Taluk, Tiruvannmalai District and a sum of Rs.12,000/- was credited into the petitioner's account, which is subsidy amount of 6 days from the period of 20.05.2021 upto 26.05.2021 under Prime Minister Awas Yojana-PMAY (Individual bathroom allotment) Scheme, in the year 2017- 18. The said individual bathroom was allotted in his father's name viz., Subburayan. Whereas the amount was converted in the name of the petitioner's deceased mother viz., Amaravathi and thereby created forged ENMR wherein it is mentioned as if the petitioner's deceased mother worked from 27.05.2021 to 02.06.2021 and her signature were impersonated allegedly by one Maheswari, wife of Palani, along with Amudur Village Panchayat Secretary, viz., Babu and the Village President of Amudur viz., Parameswari, wife of Balamurugan. The subsidy amount of Rs.12,000/- has been credited into the bank account of the petitioner's deceased mother.

(ii) The petitioner claims that he approached the Block Development Officer, at Vandavasi in person, wherein he was advised by the said Block Development Officer to submit the ATM card of petitioner's deceased mother, for withdrawal. However, he has sent a communication to the higher ups that all is not well in connection with the payment made in respect of PMAY (individual bath room allotment) Scheme for the year 2017-18 and he made a representation to the complainant alleging that since the petitioner's mother died on 26.03.2020, however as per the records of the Block Development Officer, the said muster roll shows as if she has worked from 27.05.2021 to 02.06.2021 and necessary amount has been sanctioned and hence, the Block Development Officer has asked for the ATM of his mother, who has died as early as on 26.03.2020 i.e. one year even before the alleged employment and hence, accordingly, he filed RTI application before the concerned officer and it is found that one Selva Kumar has taken ENMR amount and also narrated various incidents wherein some body has forged the signature of her deceased mother and also taken the amount from the Amudur Village Panchayat Board President.

3. At the time of the admission this Court has directed the concerned officer to do the preliminary enquiry as required under the Prevention of Corruption Act. The statement of one Selvasekar, the defacto complainant was recorded to show that due to age, his mother died on 26.03.2020. He further stated that under the Prime Minister's Housing Project (Rural) he was sanctioned as a economically backward criteria and a sum of Rs.1.7 lakhs was accorded during the year 2017-18 and there was a demand of Rs.10,000/- in this regard for the sanction of the amount.

4. After completion of the work, Rs.12,000/- has been sanctioned for the construction of toilet, in which Rs.9,000/- has been paid in favour of his mother's account and balance of Rs.3,000/- was credited to the 100 days work programme. But as per the register maintained for the work project for the period 27.05.2021 to 02.06.2021, he found that the Field Superintendent viz., Tmt.Maheswari, wife of Palani has credited some amount as if the mother of the petitioner has worked from the above said date, while on fact, she had died as early as on 26.03.2020 and it appears that using the ATM card of the deceased person, some amount has been taken. In short, the person in connection with the Scheme i.e., one Babu, Secretary of the Amudur Village Panchayat has instigated the faci