Advocates:
['M/S M S PALANISWAMY', '', 'V RAVICHANDRAN', 'P K SHIVA KUMAR', 'M/S R GOVINDASAMY', '', 'SPL GOVT PLEADER T/N', 'M/S L P SHANMUGASUNDARAM', 'SPL GP T/N', 'm/s g mohanraj', 's prabhavathy', 'v/r to m/s r balaramesh']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 12.2.2020

Pronounced on : 06.03.2020

C O R A M

THE HON'BLE MR.AMRESHWAR PRATAP SAHI, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD

Writ Petition No.28641 of 2019

and

Writ Appeal No.2253 of 2018

Writ Petition No.28641 of 2019

J.A.Murugan

...Petitioner

Vs

1. The Registrar of Co-operative societies,

No.170 Periyar EVR High Road,

Kilpauk, Chennai - 10.

2. The Inspector of Police,

Vigilance and Anti Corruption, Krishnagiri.

...Respondents

Prayer:- Petition filed under Article 226 of the Constitution

of India praying for the issuance of a writ of Certiorari,

calling for the records of the circular No.12/2015

(RC35898/2015/SF3) dated 11.8.2015 on the file of the 1st

respondent, quash the same.

Writ Appeal No.2253 of 2018

J.A.Murugan

...Appellant

Vs

1. The Director,

Vigilance and Anti Corruption,

No.293 MKN Road, Alandur,

Chennai - 16.

2. The Registrar of Co-operative societies,

No.170 Periyar EVR High Road,

Kilpauk, Chennai - 10.

3. The Joint Registrar of Co-operative Societies,

Krishnagiri Region, Krishnagiri.

https://hcservices.ecourts.gov.in/hcservices/

4. The Deputy Registrar of Co-operative Societies,

Hosur Circle, Hosur,

Krishnagiri District.

5. T.K.122, Krishnagiri District National

Engineering employees Co-operative Thrift and

Credit Society,

Rep. by its President,

Hosur, Krishnagiri District.

6. The Inspector of Police,

Vigilance and Anti Corruption, Krishnagiri.

...Respondents

Prayer:- Appeal filed under Clause 15 of the Letters

Patent against the order dated 02.02.2018 made in W.P.No.2228

of 2018.

W.P.No.2228 of 2018 & W.M.P. Nos. 2726 & 2727/2018:

Writ Petition filed under Article 226 of the Constitution of

India, praying to issue a Writ of Certiorari to call for the

records of the 1st respondent in his letter Rc.17/ 2017. Coop.KG

dated 27.10.2017 the letter of the 2nd respondent in Rc.

No.14430/ 2017/ BI1 dated 1.12.2017 the letter of the 3rd

respondent in Na.Ka. No.6166/ 2017 Thava (2) dated 15.12.2017

and the order of the 4th respondent in Na.Ka.130/ 2017 Pu.Vee

(1) dated 08.01.2018 quash the same.

For Appellant

...

Mr.S.Palaniswamy in W.P & W.A.

For Respondents

...

Mr.R.Balaramesh, Spl.Govt.Pleader

W.P & W.A.

J U D G M E N T

SUBRAMONIUM PRASAD,J

The petitioner has challenged the judgment and order dated

02.02.2018, passed in WP.No.2228 of 2018 wherein, the learned

Single Judge has dismissed the challenge raised by the

petitioner to the proceedings dated 27.10.2017, seeking sanction

for prosecuting the petitioner for offences punishable under

Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption

Act, 1988 and the letters dated 01.12.2017 and 15.12.2017 by

which directions have been issued to initiate prosecution

against the petitioner.

2. The petitioner was working as a Secretary of the

Krishnagiri District National Engineering Employees Co-operative

Thrift and Credit Society. The society is of the employees of a

private Engineering company for their benefit. He was arrested

by the Inspector of Police, Vigilance and Anti-Corruption,

https://hcservices.ecourts.gov.in/hcservices/

Krishnagiri and a FIR was filed against him under Section 7 of

the Prevention of Corruption Act, 1988. The Superintendent of

Police, Vigilance and Anti-Corruption by letter dated

27.10.2017, issued a letter to the Registrar of Co-operative

Societies for according sanction of prosecuting the petitioner.

Accordingly, the Registrar of Co-operative Societies wrote a

letter to the Joint Registrar of Co-operative Societies on

01.12.2017 to issue necessary instruction to initiate

disciplinary proceedings and also for grant of sanction for

proceeding under the Prevention of Corruption Act. Challenging

the steps taken by