Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:12.07.2023

Pronounced on

:24.07.2023

Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

and

Crl.M.P.Nos.2004, 2005, 15338 and 15339 of 2022

Crl.R.C.No.1383 of 2022:-

V.Pugazhendhi

.. Petitioner/Accused 6

/versus/

1.State Rep by

Assistant Commissioner of Police,

IUCAW, Vepery,

Chennai 600 007.

..1^st Respondent/Complainant

2.Mr.K.Sankara Subbu

Deputy Secretary,

Tamil Nadu Public Service

Commissioner, TNPSC Road,

VOC Nagar, Chennai 600 003.

..2^nd Respondent/Defacto

_____________

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Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

Complainant

(R2 suo motu impleaded as per order

dated 02.11.2022 in Crl.O.P.No.4075

of 2022 and Crl.R.C.No.1383 of 2022

and Crl.M.P.Nos.2004 and 2005,

15338 and 15339 of 2022)

Prayer:

Criminal Revision Case has been filed under Section 397 r/w

401 of Cr.P.C., to call for the records in C.C.No.2 of 2021 on the file of the

learned Special Court for the cases under Prevention of Corruption Act at

Chennai and set aside the order in Crl.M.P.No.668 of 2021, dated

20.07.2021.

For Petitioner

:Mr.N.R.Elango, Senior Counsel for

Mr.S.Agilesh Kumar

For Respondents :Mr.S.Udaya Kumar

Govt.Advocate (Crl.Side) for R1

Mr.Abrar Md.Abdullah

Standing Counsel for R2

------

Crl.O.P.No.4075 of 2022

Paul Raj

.. Petitioner/Accused-4

/versus/

1.Assistant Commissioner of Police,IUCAW,

Investigative Units for Crime against Women,

Vepery, Chennai-07.

.. 1^st Respondent/Complainant

_____________

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Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

2.Mr.Shankara Subbu

O/o Deputy Secretary of Tamil nadu Public

Service Commission, VOC Nagar,

Chennai, Tamil Nadu 600 003,

Chennai 600 003.

.. 2^nd Respondent/Defacto

complainant

Prayer:

Criminal Original Petition has been filed under Section 482 of

Cr.P.C., to call for the records pertaining to C.C.No.2 of 2021 pending on

the file of the Special Court for the Prevention of Corruption Act at Chennai

and to quash the proceedings against the petitioner.

For Petitioner

:Mr.N.R.Elango, Senior Counsel for

M/s Nathan and Asso.

For Respondents : Mr.S.Udaya Kumar

Govt.Advocate (Crl.Side) for R1

Mr.Abrar Md.Abdullah

Standing Counsel for R2

------

COMMON ORDER

The Tamil Nadu Public Service Commission (in short “TNPSC”) for

the vacancy arose in the post of Group-I cadre, during the year 2015 issued

_____________

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Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

Notification inviting applications from eligible aspirants. Candidates who

cleared the Preliminary Examination, wrote their Main Exams from

29/07/2016 to 31/07/2016. To arrange for the evaluation of the answer

scripts of General Knowledge papers-I, II and III, the Deputy Secretary,

TNPSC appointed the following three staff in the rank of Section Officers;

(1)Varalakshmi, Section Officer for Paper-I, (ii)Sivashankar, Section

Officer for Paper-II and (3) Pugazhendhi, Section Officer for Paper-III.

2. A candidate by name Ramkumar cleared the Preliminary

Examination, wrote the Main Exams held during the last week of July 2016.

He to get the post by illegal means, posing himself as Murugan, Deputy

Secretary to the Government called Section Officer Sivashankar over his

mobile phone and induced him to arrange for substitution of Ramkumar

answer script with better answer script, so that he will be getting good score

and get selected. After establishing contact with Sivashankar, in

continuation of this design, Ramkumar and his friends Karunanithi and

_____________

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Crl.R.C.No.1383 of 2022

and

Crl.O.P.No.4075 of 2022

Paul Raj developed acquaintance with Pugazhendhi and Kasiramkumar

friends of Sivashankar, who are all s