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2025 Supreme(Online)(Mad) 79518
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DR.R.N.MANJULA, J
S. Anandaraj – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.RC(MD) No.837 of 2025|Crl.M.P(MD) Nos.8916 & 8917 of 2025
For the Appellants/Petitioners: Mr.K.Mahendran
For the Respondents: Mr.R.Meenakshi Sundaram, Additional Public Prosecutor
The absence of proven personal gain does not absolve the accused from charges of conspiracy and misconduct related to public funds.
Headnote:(A) Prevention of Corruption Act, 1988 - Sections 13(2) r/w 13(1)(c) and (d) - Criminal conspiracy and misconduct - Allegations made against the Panchayat President and others for issuing Job Cards to non-eligible beneficiaries in violation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 - The court held that sufficient material existed to proceed with the trial, rejecting the petitioner's claims of lack of criminal liability. (Para 15)
(B) Criminal Procedure Code, 1973 - Section 227 - Standard for discharge - The court emphasized that a discharge under this section requires demonstrating a complete absence of material evidence to sustain charges. (Para 13)
Facts of the case:
The petitioner, S. Anandaraj, was charged with various offenses under IPC and the Prevention of Corruption Act for his response to allegations of improperly issuing Job Cards, facilitating fraudulent wage payments under the employment scheme from 2011 to 2016.
Findings of Court:
The court found that the president and secretary of the Panchayat possessed the responsibility for verifying beneficiaries and ensuring compliance with the employment scheme.
Issues: The main issues were whether the petitioner had the authority and responsibility to ensure eligibility under the scheme and whether the evidence presented justified the charges against him.
Ratio Decidendi: The court ruled that the mere absence of pecuniary benefit does not negate the existence of charges related to conspiracy and misconduct if roles in conspiracy are sufficiently established.
Result: Criminal revision dismissed.
| Table of Content |
|---|
| 1. outline of charges related to job card issuance and employment scheme. (Para 2 , 3 , 10) |
| 2. arguments about the petitioner's role and lack of criminal liability. (Para 4 , 6 , 12) |
| 3. court’s observation on the evidence and roles assumed by accused. (Para 8 , 9 , 11) |
| 4. standard for discharge under section 227 of the cr.p.c. (Para 13) |
| 5. dismissal of the criminal revision. (Para 14 , 15) |
ORDER
This Criminal Revision has been filed challenging the order of the learned Special Judge, Prevention of Corruption Act cases at Tirunelveli, dated 23.05.2025, made in Crl.M.P.No.489 of 2022 in Spl.Case No.3 of 2021.
2.The petitioner is the first accused against whom charge sheet has been filed by the respondent Police for the offences under Sections 120B , 167, 409, 420, 465, 468, 471, 477(A) IPC and Sections 13 (2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act').
3.(i)The case of the prosecution is that the petitioner is the President of Therkku Kallikulam Panchayat, Radhapuram Panchayat Union, Tirunelveli District during the period between 2011 and 2016 and the second accused is the Secretary of the said Panchayat. The Government of India has framed a Scheme namely, Mahatma Gandhi Rural Employment Guarantee Scheme for the purpose of providing enhancement of livelihood security of the households in rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual works. As per Section 2 of the Schedule II of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 , it shall be the duty of the Grama Panchayat to register the household, after making such enquiry as it deems fit and issue a Job Card containing such details of the adult members of the household, affixing their photographs as specified by the State Government in the Scheme.
(ii).As per Mahatma Gandhi National Rural Employment Guarantee Act, 2005 , the President is the principal authority for planning and implementation of the Scheme made under this Act. The details of adults in any rural area, who are capable of doing unskilled manual work and who are volunteer to do unskilled manual works have to apply to the concerned Panchayat President, requesting to register their names as employees under the Scheme. On receipt of the application, the Panchayat President has to make such enquiry as deemed fit, as required under Section 2 of Schedule II of to ensure that the applicant is eligible to be registered as a worker under the Scheme. Thereafter, the Panchayat President has to issue Job Card with a photo of the worker affixed therein.
(iii).The Panchayat Secretary has to assist the President in implementing the above said Scheme. For the said purpose, the Panchayat Secretary has to maintain records such as 1.Application Registration and Job Card Issue Register, 2.Household Employment Register, 3.Job Card Issue Register, 4.Nominal Muster Roll Stock Register, 5.Register of Receipts and Expenditures and 6.Asset Register, connected with the said Scheme. Further, the Secretary has to get Daily Attendance Register from the Worksite Supervisor and thereafter, entrusted the same to the Block Development Officer through Technical Assistant.
(iv).The workers have to be employed for 6 days in a week and the Worksite Supervisor has to maintain and ensure whether they have worked for 7 hours in a day and note down the quantity of work turned out by the workers in each day. The workers should also sign in the Nominal Muster Roll. Subsequent to that, the Nominal Muster Roll will be submitted to the Block Development Officer for payment of wages for the work executed by them.
(v).During the period between 2015 and 2016, A1/Panchayat President and A2/Secretary have enrolled non-eligible workers A4 to A8 with the connivance of A3/Worksite Supervisor and wages have been paid from the funds allotted under th
