ORDER

This Criminal Original Petition has been filed, invoking Section 482 of Cr.P.C., seeking orders to call for the entire records pertaining to the case in Crime No. 3 of 2020 pending on the file of the Inspector of Police, Vigilance and Anti Corruption, Tirunelveli and quash the same as against the petitioner/first accused.

2. The petitioner is the first accused in Crime No.3 of 2020 on the file of the second respondent Police. The second respondent registered a case in Crime No.3 of 2020 against four persons including the petitioner for the offence under Sections 120(b), 34, 167, 109 IPC and under Sections 13(2) r/w

7, 13 (1)(d) (i) (ii) (iii) of Prevention of Corruption Act, 1988.

3. The case of the prosecution is that all the accused, who were the members of the Association/Interview Committee for the selection of Extension Officer Grade No.II and Junior Executive Officer posts in Tirunelveli Milk Producers Co-operative Union, have appointed three ineligible persons, after obtaining bribe of Rs.5 lakhs each from the said persons and refused to select the witness Murugesan for the post of Extension Officer Grade No.II, as he was not willing to pay the demanded bribe amount of Rs.5 lakhs.

4. Admittedly, the petitioner/first accused was working as an Assistant General Manager (Finance), Tirunelveli District Milk Producers Co-operative Union (AAVIN); that the second accused Tmt.Chitra Devi, was working as a Deputy Registrar, (Dairying), Virudhunagar; that the third accused Tmt.Mythili, was working as Assistant General Manager, Veterinary (Organizer), O/o. The Managing Director, Tamil Nadu Milk Producer Federation Ltd, Madhavaram, Chennai and the fourth accused Dr. Dhanabalan, was working as a Special Grade Manager (Veterinary) Aavin, Tirunelveli.

5. It is not in dispute that as per the letter in RC.No.10749/15/N1, dated

13.11.2015 of Commissioner for Milk Production and Diary Development, Chennai and proceedings in RC.No.4773/2013/N1, dated 23.12.2014 of Commissioner for Milk Production and Diary Development, Chennai, the accused 1 to 4 have been appointed as members of Selection committee for the selection of Extension Officer Grade-II and Junior Executive Officer in Tirunelveli Milk Producers Co-operative Union.

6. It is not in dispute that only on the complaint given by the witness Murugesan, who had also applied for the post of Extension Officer Grade-II, but was not selected, preliminary enquiry was conducted and on the basis of which, the present FIR came to be registered. It is also not in dispute that apart from other qualifications, one other important eligibility stipulated was that the candidates should produce the resolution certificate cum experience certificate issued by the Board of MPCS concerned.

7. It is the case of the prosecution that the said Murugesan had produced the resolution certificate on 05.10.2017, a day prior to the oral test after resolution passed by MPCS on 04.10.2017, wherein the said witness is working; that the said Murugesan was called for the oral interview held on 06.10.2017 in continuation of the qualification in written examination, but he was not selected on the ground that he did not produce the resolution cum experience certificate issued by MPCS concerned and as such, he was not eligible.

8. It is their further case that the witness Murugesan came to understand that the reason for his non-selection was that he did not pay the demanded bribe amount of Rs.5 lakhs made by the first accused on 05.10.2017 at his Office; that four candidates namely, Thiru.G.Govindaraj, Tmt.Ziporakalarani, Thiru. Immanuvel Devasahayam and Thiru.Ponvixon, did not produce the resolution cum experience certificate, but they were selected; that the services of G.Govindaraj was suspended for 11 years; that Tmt.Ziporakalarani was held responsible for not sending milk to Aavin during the period of service as Secretary; that there existed variation in the name as Immanuel instead of Immanuel Deva sahayam as in educati