IN THE HIGH COURT OF MADRAS, MADURAI BENCH
D. KRISHNAKUMAR, ACJ., R. VIJAYAKUMAR, J.
S. Vanchinathan - Petitioner
Versus
The Joint Director and Head of Zone, Central Bureau of Investigation and Ors. - Respondents
W.P.(MD)No.10469 of 2015
Decided On : 26-07-2024
MANDAMUS - CORRUPTION ENQUIRY - The court addressed a petition for a Writ of Mandamus to direct an inquiry into allegations of corruption involving the former Vice Chancellor of Madurai Kamaraj University. The court emphasized the need for a fair investigation based on an audit report highlighting serious irregularities and mandated action within a specified timeframe.
Fact of the Case:
The petitioner, a practicing Advocate, filed a Writ Petition under Article 226 alleging serious corruption involving the former Vice Chancellor and other officials of Madurai Kamaraj University, based on an audit report from 2014-2015.
Finding of the Court:
The court found that no action had been taken against the individuals implicated in the audit report's findings of malpractice and misappropriation, despite the serious nature of the allegations.
Issues: Whether the court should direct an inquiry into the allegations of corruption and ensure appropriate legal action is taken against the responsible parties.
Ratio Decidendi: The court held that it is imperative to conduct a fair inquiry into the allegations of corruption and to take necessary legal actions based on the audit report, emphasizing accountability in public institutions.
Result: The Writ Petition was disposed of with a directive to the third respondent to initiate proceedings based on the audit report within four months, ensuring due process.
ORDER :
(D. Krishnakumar, ACJ.) :
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 herein to conduct a fair enquiry by a committee to be appointed by this Court and consequently, thereby initiate appropriate legal action as against the persons responsible for the corrupt practice including Criminal action based on the petitioner's representation dated 21.04.2015.)
The prayer sought for in this Writ Petition is for a Writ of Mandamus, directing the respondents 1 & 2 herein to conduct a fair enquiry by a committee to be appointed by this Court and for a consequential direction to initiate appropriate legal action as against the persons responsible for the corrupt practice including Criminal action based on the petitioner's representation dated 21.04.2015.
2. The petitioner has made serious and specific allegations in paragraph No.6 of the affidavit against the former Vice Chancellor of Madurai Kamaraj University and other syndicate members and also against the Registrar. The petitioner being a practicing Advocate in the Madras High Court has filed the present Writ Petition under the guise of a Public Interest Litigation, based on the Audit Report corresponding to the year 2014 - 2015.
3. The learned Counsel for the petitioner relying upon the audit report submitted that a large scale of malpractice and multi-core scam had happened during the tenure of the aforesaid Vice Chancellor and the syndicate members. In support of his contention, learned Counsel for the petitioner has also filed the audit report for the year 2014 – 2015, before this Court.
4. Since the writ petition has been taken up for hearing after nine [9] years, when this Court enquired that based on the audit report whether any further action has been taken on the lapses pointed out by the audit wing of the University, it is found that subsequently no action has been taken against the persons involved in the misappropriation.
5. In such view of the matter, we direct the third respondent to take necessary action based on the audit report corresponding to the year 2014 – 2015 for the lapses and serious irregularities pointed out against all those persons who were involved in such misappropriation. The third respondent shall initiate proceedings as early as possible, in accordance with law, after providing an opportunity of hearing to the parties concerned, within a period of four [4] months from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
The court established that a Writ of Mandamus can be issued to compel a public authority to conduct an inquiry and take action in cases of alleged corruption, reinforcing the principle of accountabil....
The court reaffirmed that under Article 226 of the Constitution, it cannot intervene in administrative matters where a competent authority has already conducted an enquiry and found no irregularities....
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