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2025 Supreme(Online)(Mad) 18333

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, M.JOTHIRAMAN, JJ
M. Gokila – Appellant
Versus
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department – Respondent
W.P.No.38413 of 2024



Advocates:
For the Appellants/Petitioners: Mr. P.Pugalenthi
For the Respondents: Mr. J. Ravindran, AAG, Assisted by Mr.R.Muniyapparaj, Additional Public Prosecutor

The court emphasized lawful entitlement to wages for prisoners and mandated prompt investigation into allegations of misappropriation of government funds.

Headnote:The writ petition under Article 226 seeks a direction for settling wages of a convict prisoner per Tamil Nadu Prisons Rules 1983. The court identified serious allegations of misappropriation of government funds within prison authorities. It ordered investigations, ensuring no undue delay in settling the wages. The court framed issues regarding legal entitlements and directed immediate actions against malpractices as well as conducting a free inquiry. The final order mandates settlement of wages and ensures investigations are fair, and disciplinary actions are initiated.

Table of Content
1. petitioner seeks wages settlement for prisoner. (Para 1)
2. court emphasizes legal entitlement to wages. (Para 2 , 4)
3. investigations ordered into allegations of misappropriation. (Para 3 , 5 , 8)
4. instructions provided for fair investigation processes. (Para 6 , 9 , 10 , 11)
5. final orders mandate wage settlement and inquiry fairness. (Para 12 , 13)

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The Writ of Mandamus has been instituted to direct the respondents to consider the representation submitted by the petitioner, who is the wife of the convict prisoner Mr.Murugaiyan S/o. Velu regarding non payment of salary in prison.

2. The complaint made by the petitioner is that the wages due to the prisoner for the work done has not been settled for about 4 months. Since the allegation raised by the petitioner is serious in nature and wages being the entitlement of a prisoner under law, we have directed the respondents to furnish the reasons and to ascertain why the wages to the prisoners are not settled on monthly basis as per the rules in force.

3. During the course of arguments, it is brought to the notice of this Court that large scale illegalities, irregularities, and misappropriation of Government Funds, are made by the Prison Authorities in connivance with some private traders and other persons. Therefore, we have directed the Authorities to initiate action regarding the allegation of illegalities and misappropriation of Government funds, etc. The Director, Vigilance and Anti Corruption is also impleaded as respondent in the present petition for initiation of all further action.

4. Mr.Ravindran, learned Additional Advocate General, would submit that part payment has already made in favour of the prisoner and balance wages due to the prisoner will be settled soon. It is needless to state that the wages as applicable to the prisoner is to be settled without causing any undue delay.

5. As far as the allegations of misappropriation of Government funds, illegalities and other lapses, the Government filed a Status Report stating that necessary approval was granted by the Government to the Directorate of Vigilance and Anti Corruption to conduct preliminary enquiry on 19.05.2022 and 09.01.2024 against the Prison Officials/Staffs. The Government have permitted the Directorate of Vigilance and Anti Corruption for conducting investigation by registering regular case against three officials for having committed the offence of cheating and misappropriation of Government funds by forged documents causing revenue loss to the government and also involved in criminal breach of trust. In respect of those 3 officials, criminal cases have been registered and are under investigation. The disciplinary proceedings were initiated against one erstwhile Deputy Inspector General of Prison, Madurai Range, for dereliction of duty leading to causing huge loss to the Government and for his supervisory lapses towards the subordinate officials. The Directorate of Vigilance and Anti Corruption during the conduct of preliminary investigation found large scale corrupt activities, misappropriation of Government funds, thereby causing huge financial loss to the state exchequer and all related transactions. Large scale enquiries are in progress. Searches are conducted in the places of traders, who supplied materials to prisons across the State of Tamil Nadu.

6. The learned Additional Advocate General would submit that investigation has been accelerated and all necessary actions would be taken to book the officials and other offenders, who have involved in corrupt activities, misappropriation of Government Funds, Criminal Breach of Trust, etc.

7. The Inspector of Police, Vigilance and Anti Corruption, Madurai also filed a Status Report narrating the facts and circumstances relating to the misappropriation of funds and corrupt activities. The details stated in the Status Report required further investigation from the hands of the Directorate of

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