High Court · 2025

W.P.No.38413 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 08.01.2025CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM ANDTHE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.38413 of 2024M. Gokila... PetitionerVs.1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.2. The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai 600 008.3. The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai 600 066 4. The Director, Directorate of Vigilance and Anti Corruption, Chennai. ... Respondents ( 4th respondent is impleaded as suo-moto as per the order of this Court dated 08.01.2025)Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 2024Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to consider the representation dated 02.12.2024 made by the petitioner and grant 60 days remission to the petitioner's husband, namely, Murugaiyan, S/o. Velu, Convict Prisoner, Now confined in the Central Prison-1, Puzhal, Chennai - 66, for the years 2020, 2021 and 2023 as per Rules 325 and 326 of Tamil Nladu Prisons Rules 1983, also pay the four months wage of arrear to the petitioner's husband within a reasonable period. For Petitioner: Mr. P.PugalenthiFor Respondents: Mr. J. Ravindran, AAG, Assisted by Mr.R.Muniyapparaj, Additional Public Prosecutor ORDER(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 Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 2024allegation 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. Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 20245. 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. Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 20246. 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 Vigilance and Anti Corruption. 8. Pertinently, regarding supply of stationeries as stated by the petitioner, the Vigilance and Anti Corruption found that an amount of Rs.1,63,64,222/- worth of stationeries had not been supplied to the Government Departments and the said amount was swindled by the concerned accused officials of Central Prisons and therefore they have involved in criminal breach of trust. Further an alarming fact stated in the Status Report reveals that 36,76,100/- meters of bandage cloths were not actually delivered to the Government Hospitals. It came to the notice of the Vigilance Department that the cost of the raw materials and prisoners wages for production of the above said non supplied Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 2024bandage cloths amounted to Government fund Rs.4 Crores approximately. In this regard also the investigations are in progress and the Vigilance Department is in the process of collecting evidence so as to register regular criminal cases and to initiate Departmental Disciplinary action against all the officials,who have involved.9. Pertinently, the Vigilance and Anti Corruption, Madurai registered a criminal case in Crime No.15 of 2024 under Section 120-B, 467, 468, 471, 167, 409 IPC and 13(2) r/w/ 13(1) (a) of PC Act 1988. The case was registered on 12.12.2024 and investigation is in progress. Three Prison Authorities and some individual persons have been arrayed as accused. In respect of other illegalities and corrupt activities, misappropriation of Government funds, etc., the Vigilance and Anti Corruption Department is in the process of conducting investigation and criminal cases, if required will be registered without causing any undue delay and by collecting all necessary evidences.10. An apprehension was raised that the Prison Authorities may tamper the documentary evidences available in Prison Department. The said apprehension is reasonable since they are allowed to function in the same station or handling the files relating to the allegation of misappropriation of funds, corrupt activities, etc.Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 202411. Mr.Ravindran, the learned Additional Advocate General would submit that 3 officials have already been transferred to some other place in order to conduct free and fair investigation by the Directorate of Vigilance and Anti Corruption. He would further undertake that if necessary, transfers will be effected in respect of the other officials, who have involved or connected with the allegations of misappropriation of funds and corruption. The Departmental proceedings are initiated against some officials and after completion of further investigation by the Department of Vigilance and Anti Corruption with reference to the allegations regarding the supply of bandages to the Government Hospital all further actions will be initiated. 12. In view of the above facts and circumstances, we are inclined to pass the following orders:-\(i) the respondents 2 and 3 are directed to settle all pending wages to the prisoner, if any, within a period of four weeks from the date of receipt of a copy of this order.(ii) the respondents 1, 2 & 4 are directed to initiate all appropriate actions to ensure that the investigations are conducted in a free and fair manner by the department of Vigilance and Anti Corruption. In this regard, if necessary effect transfer of officials, involved in the allegations during the pendency of the Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 2024investigation.(iii) the respondents 1 and 2 are directed to initiate Departmental Disciplinary Proceedings under the Service Rules and if necessary by placing the concerned officials under suspension in order to pave way to free and fair investigation and further enquiry by the competent authorities into the large scale allegations of misappropriation of Government funds, corruption, etc.13. With the above directions, this writ petition stands disposed of. No cost. List the matter before this bench on 07.04.2024 "for reporting compliance ". [S.M.S., J.] [M.J.R., J.] 08.01.2025Index: Yes/No Speaking/Non-speaking ordermrpTo1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 20242. The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai 600 008.3. The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai 600 066 4.The Public Prosecutor, High Court of Madras.Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.38413 of 2024 S.M.SUBRAMANIAM, J.ANDM.JOTHIRAMAN, J.mrp W.P.No.38413 of 202408.01.2025Page 10 of 10