IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
N.Raja – Appellant
Versus
Inspector of Police Vigilance and Anti-Corruption Wing – Respondent
N. SESHASAYEE, J.
1.1 These revision petitions are preferred challenging separate Orders passed by the Special Court for Prevention of Corruption Act (Chief Judicial Magistrate Court), Cuddalore, in Crl.M.P.No.622 of 2021 in Special C.C.No.4 of 2020. They were taken out by A3 and A2 under Sec.239 Cr.P.C.
1.2 The revision petitioners in Crl.R.C.1049 of 2024 and 1268 of 20024 respectively are the Executive Engineer of Trichy Town Panchayat and the Assistant Executive Engineer in Cuddalore Town Panchayat. The rest of the facts are:
In 2016-2017, Thittagudi Town Panchayat, a local body in Cuddalore District had undertaken a project for laying road in Thittagudi Panchayat, where both these petitioners were entrusted with the responsibility of supervising the work.
While so, a whistle blower preferred a complaint to the Vigilance and Anti-Corruption Cell alleging that the road in question ws laid with sub- standand materials. The V & AC cell in turn forwarded the complaint to the Ombudsman, constituted under the provisions of the Tamil Nadu Local Bodies Ombudsman Act, 2014. So far as the Executive Officer of the local body is concerned, the Ombudsman has found no material to proce
Anil Kumar and others Vs M.K.Aiyappa and another
G. Prabakaran Vs Superintendent of Police & another
The powers of the court to register a case under the Cr.P.C. are not compromised by the Local Bodies Ombudsman Act, reaffirming that prior court orders remain valid unless explicitly overturned.
The main legal point established in the judgment is that the Ombudsman's jurisdiction is limited by the provisions of the Tamilnadu Local Bodies Ombudsman Act 2014, particularly with regard to enquir....
The Ombudsman lacks jurisdiction to adjudicate private civil disputes; such matters must be resolved in civil courts.
The Ombudsman exceeded its jurisdiction by intervening in a matter with pending civil remedies, impacting the rights of the appellant.
The Ombudsman's jurisdiction is limited to investigating allegations of corruption or maladministration and cannot adjudicate on private disputes. Availability of other remedies before the Tribunal a....
Point of Law : Functions of Ombudsman - Lok Ayukta ought not have proceeded with any complaint or mal administration with regard to a public servant of a Local Self Government Institution.
It is well settled law that if a judgment is referred to a larger Bench, proposition of law so enunciated in judgment does not lose its efficacy and it continues to remain a binding precedent till ov....
The Ombudsman cannot investigate complaints concerning building permits that are intertwined with matters adjudicated by a designated Tribunal, emphasizing the need to adhere to jurisdictional bounda....
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
Point of law : Despite receipt of notice, apart from filing a statement by some of members of Committee, no one else has cared to adduce any evidence or produce any documents before Ombudsman to just....
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