The registration of an FIR is obligatory if the information provided indicates a cognizable offence, as preliminary inquiries cannot delay the registration process, particularly in cases involving systemic corruption.

JUDGMENT :

Manindra Mohan Shrivastava, C.J.

W.P.(MD) No.34197 of 2025 has been filed as a public interest litigation, seeking a direction to the third respondent/Director General of Police to take appropriate action based on the communication issued by the second respondent/Enforcement Directorate dated 27.10.2025, if necessary obtain sanction from the first respondent/Government and proceed in accordance with law, following the dictum of the Hon’ble Supreme Court in the case of Lalita Kumari v. Government of U.P. , (2014) 2 SCC 1 .

2. W.P.(Crl.) No.74 of 2026 is filed seeking to direct respondent Nos.1 to 3 to register an FIR forthwith based on the petitioner’s representation dated 13.12.2025 and direct a fair, impartial and time-bound investigation.

3. The petitioner in W.P.(MD) No.34197 of 2025 claims to be a member of the society, which is espousing the voice of general public and fighting against corruption.

4. The petitioner in W.P.(Crl.) No.74 of 2026 is a sitting Member of Parliament in Rajya Sabha and also a practising advocate, who seeks registration of the criminal case in respect of the alleged large-scale recruitment scam.

5. According to the petitioners, a notification was issued by the Municipal Administration and Water Supply (MAWS) Department inviting applications for the recruitment of 2,538 posts in the cadre of Assistant Engineers, Junior Engineers, Town Planning Officers, etc. It is alleged that large-scale illegalities took place in the recruitment and the candidates were selected by obtaining illegal gratification ranging from Rs.25 lakh to Rs.35 lakh per post.

6. It is further stated that in respect of a search conducted by Enforcement Directorate in the residential premises of one Ravichandran, who happens to be the brother of the sitting Minister of the concerned department, in respect of a bank fraud case, the Enforcement Directorate came across several incriminating materials in respect of the illegalities committed in the recruitment to the above posts by adopting devious methods. The search resulted in the seizure of several communications, transactions, predetermined selection lists, call letters, electronic data and digital records from the premises, prima facie, disclosing the existence of a systematic and organised job racket in the recruitment process.

7. It is further stated that the entire scam in the department was systematically carried out through Rs.10/- currency note-based identification method, in which the beneficiaries were identified and using this method, the bribe amounts were collected. The Enforcement Directorate, on seizing the incriminating materials in the search, by letter dated 27.10.2025 addressed to the Director General of Police shared the information under Section 66 (2) of the Prevention of Money Laundering Act, 2002 (in short “the PMLA”) by enclosing the voluminous records running into 232 pages.

8. It is alleged that more than 150 candidates got illegally recruited through the intervention of Ravichandran and Manivannan, brothers of the sitting Minister, with the connivance of their associates, who are named in the report. It is stated that the State and Director General of Police have not taken timely action on the information shared by Enforcement Directorate, even though the report disclosed commission of cognizable offence. As such, the petitioners have approached this Court seeking registration of the FIR.

9.1. Mr.V.Raghavachari, learned Senior Counsel appearing for the petitioner in W.P. (Crl) No.74 of 2026, submitted that since there has been a large-scale recruitment scam involving high- ranking officials, including the sitting Minister, the petitioner who is a sitting member of Parliament, had come forward with this petition seeking jud