MEMORANDUM OF GROUNDS OF CRIMINAL ORIGINAL PETITION

(Under Section 482 of Cr.P.C.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(CRIMINAL ORIGINAL JURISDICTION)

M.P.No:1/15

In

Crl.O.P. /15.

(F.I.R.No:10/03 filed by the Inspector of Police, Vigilance and Anti-

Corruption Department, Cuddalore on the file of Chief Judicial

Magistrate Court, Cuddalore and Highways &Minor Ports,(HL1)

Department, Secretariat, Chennai-9 in his Lr No: 11477/HL-1/04-22

Dt:13.10.08 and the resolution process of the Chief Secretary to

Tamilnadu Chief Minister for Kalpana Chawla Award

2007,12&14,the petitioner’s application for Kalpana Chawla Award

2007,2012 and 2014 has purposely removed to permit the accused to

escape from clutches of law and FIRNo:969/12 filed by the Inspector

of Police,Vadasery on the file of Judicial Magistrate Court-

II,Nagercoil and CSRNo:477/13 issued by the Sub-Inspector of

Police,Bhavani,the complainants submitted before the Judicial

Magistrate Court-II in CMP.No:9869/13 and CMP.No:10510/09 and

the complaints submitted to the Inspector of Police,Pondicherry,and

to the Chief Vigilance officer,Neyveli Lignite Corporation,Neyveli

on 27.05.2012).

P.Chandira, M.E,(M.B.A)(BGL).,

Assistant Engineer,Highways,Nabard and Rural Roads,

Panruti, Cuddalore District. ----- Petitioner.

-Vs-

1) The Director, Vigilance &Anti-Corruption Department, Aryapuram,Chennai.

1

2) The Director General of Police,Chennai.

3) The State Represented by the Chief Secretary

to Chief Minister, Secretariat,Chennai-9.

4) The State Represented by the Secretary

Highways and Minor Ports Department,

Secretariat,Chennai-9.

5) The Director (General),Highways,

Chepauk,Chennai-5.

6) The State represented by the Secretary (General)

Secretariat, Chennai-9.

7) The District Collector,Cuddalore.

8) The Inspector of Police,V&AC,Cuddalore.

9) The Inspector of Police, District Crime, Nagercoil.

10) Thiru.Vijaya Kumar,

The Sub-Inspector of Police,

Bhavani.

11) The Superintendent of Police, Erode District.

12) The Inspector of Police,

Danvantri Nager,Pondicherry.

13)The Chief Vigilance officer,

Neyveli Lignite Corporation,Neyveli.

14) The Chairman-Cum-Managing Director,

Neyveli Lignite Corporation,

Neyveli --------Respondents

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PETITION UNDER 482 CRPC.

The Petitioner respectfully states as follows and submits this

petition under 482 of Crpc, the inherent power of the Hon’ble High

Court, not to harass the petitioner by the respondents, and to take

necessary investigation based upon the complaints submitted by the

petitioner and to take against the accused in accordance with law and

to recover the loss to the Government money and recall Kalpana

Chawla Award 2012 from Mrs.Rajaslakshimi and Miss.Sivaranjani

and Kalpana Chawla Award 2014 from Mrs.Ponni,the former

S,P,Nagapattanam and confer the Kalpana Chawla Award 2007,2012

and 2014 to the petitioner and thereby render justice.:

At the outset I wish to thank before this Hon’ble High Court

for permitting me to appear as party-in-person. The address for

service of all notices and process on the Petitioner is stated as above

furnished in the cause title and the petitioner is appearing as party-in-

person. The address for service of all notices and process on the

Respondent are on the address of the State Public Prosecutor, High

Court, Chennai as stated above.

The above Criminal Original Petition is filed against the First

Information Report No: 10/03 filed by the first respondent

Department on 10.11.2003 on the file of the Chief Judicial

Magistrate Court, Cuddalore and the consequential proceedings of

the respondents to permit the accused to escape from clutches of law

without taking any action to recover the loss to the Government and

causing undue harassment to the petitioner and thereby this Criminal

Original Petitioner filed with miscellaneous petition to call for the

records on the file of the respondents and thereby render justice to

the petitioner with damaged relief and justice:

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GROUNDS

1. The first Information report filed U/S 120-b, 168, 467, 468, 471,

420, 409 IPC and 13(2)r/w 13(1)©13(d) Prevention of Corruption

Act 1988 and r/w 109IPC by the Inspector of Police, Vigilance and

Anti-Corruption Department, Cuddalore on 10.11.2003 on the

subsequent orders of the Hon’ble High Court in W.P.No:26463/01

Dated:04.03.02,14.03.02,23.04.03 &24.06.03.

2. The second respondent, Highways &Minor Ports,

(HL1)Department, Secretariat,Chennai-9 in his Letter No:

11477/HL-1/2004-22 Dated:13.10.2008 passed an order as Public

Servants-Highways Departments-Thiru.Shanmugham, formerly

Divisional Engineer (H) Cuddalore and others-Certain allegations-

Investigation Report of appropriate authority-Departmental

Disciplinary action. The appropriate investigation authority of the

Government had registered a regular case and conducted an

investigation into certain allegations against the following officers:-

Name of the accused officer and Designation:

1)Thiru.R.Shanmugham,formerly Divisional Engineer (H) Cuddalore

(now Superintending Engineer (U/S) , 2)Thiru.A.Theerthagiri,

formerly Assistant Divisional Engineer(H), Cuddalore. 3)

Thiru.M.Kamaraj,formerly Assistant Engineer(H) Chidambaram.4)

Thiru.D.Haribabu,formerly Junior Engineer(H), Chidambaram. 5)

Thiru. M.Mohammed John,formerly Divisional Accountanant-cum-

Manager,O/O of the Divisional Engineer(H)Cuddalore.6) Thiru.

V.Tamilselvan, formerly Divisional Engineer(H)Cuddalore (now

special Chief Engineer Retired.The said authority has held both main

allegation and incidental allegation No:2 as substantiated against the

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accused officers. The said authority has recommended sanction for

prosecution against the accused officers in respect of the main

allegation and departmental action in respect of incidental allegation.

The Government have examined the report of the said authority and

have decided not to launch prosecution but to initiate departmental

disciplinary proceedings against the accused officers 1 to 5 in respect

of both the main and incidental allegation no:2 in respect of

Thiru.Tamilselvan,the formerly Divisional Engineer(H)now Special

Chief Engineer(Retd). The Disciplinary Proceedings is possible

under pension rules and hence further action against him has been

dropped in G.O(D)No:192.Highways &Minor Ports Department

Dated:13.10.2008. The second respondent therefore to request the

fifth respondent to send separate draft charge letters for main and

incidental allegation No:2 to be issued at Government level in

respect of the five accused officers mentioned in Para No:1 above

except Thiru.Tamilselvan,Special Chief Engineer(Retd)Urgently. In

view of the above position the second respondent was to request the

fifth respondent to cancel the proceedings No:7058/Con.II/

2003,Dated:26.02.2007 according to prosecution against

Tvl.D.Haribabu, formerly Junior Engineer(H) and Thiru.

M.Mohammed John,formerly Divisional Accountanant-cum-

Manager.

3. The order passed by the Hon’ble Chief Judicial Magistrate

Court,Cuddalore to action drop action against the accused in

F.I.R.No:10/03 Dated: 10.11.2003 is against law and justice.

4. The Inspector of Police, Vigilance and Anti-Corruption

Department, Cuddalore, the investigation authority failed to get

sanction for prosecution and failed to recover the loss to the

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Government from the contractors and the officials.Any case should

not be delayed on delay in getting sanction as per Supreme Court

Judgements.

5. The Inspector of Police,Vadasery has registered a case

F.I.R.No:969/12 u/s 420,409,465,468,469IPC r/w 13(1)(c)Prevention

of Corruption Act1988 Dated:07.06.2012 which is transferred to

District Crime branch by the S.P.Nagercoil in his proceeding

C1/29669/2012 Dated:29.06.2012.The Inspector of Police,District

Crime,Nagercoil has not conducted forensic investigation for

comparation and has not transferred the case to the Vigilance

Department for further investigation.The Inspector of Police,District

Crime,Nagercoil failed to call for the records from 1)The Divisional

Engineer(NH)Tirunelveli 2)The Divisional Engineer,C&M,

Nagercoil 3) The Assistant Divisional Engineer, (NH), Nagercoil 4)

The Deputy Superintendent of Police, V&AC,Tirunelveli 5) The

Deputy Superintendent of Police, V&AC,Nagercoil 6)The Project

Director,NHAI,Tirunelveli and 7)the Superintending Engineer,

National Highways,Tirunelveli.The petitioner requested the

Superintendent of Police,Kanniyakumari District to change the

investigation to CBCID. But the Inspector of Police,District

Crime,Nagercoil without conducting a proper enquiry closed the case

a mistake of fact.

6. The petitioner is the complainant in CSRNo.477/13 before the

Sub-Inspector of Police,Bhavani. Thiru. Shanmugham, the Inspector

of Police, Bhavani, Thiru.Vijayakumar, the Sub-Inspector of Police,

Bhavani, the Deputy Superintendent of Police, Bhavani has failed to

obey the direction of law in accordance in CMP.No:9869/13 and in

CMP.No:10510/14 which is in violation of the Principles of Natural

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Justice and caused torture to the approver Thiru. Purushothaman as

stated before the Sub-Inspector of Police, Bhavani in the presence of

the Petitioner on 25.11.2013 as per the CSR.No:477/13 registered on

25.11.2013 and they failed to register the First Information Report

against the accused 1)P.Kolandavel 2)Gopalan 3)Murugan

4)Purushothamman & 5)Subramanian. It is submitted that the Trial

court had failed to note the Erode District Police official has failed to

conduct enquiry in accordance with the principles of Natural Justice

and to register the case against the accused. The Trial court has

already adjourned the case to 18.12.2013 on 05.12.2013and on the

same day dismissed without permitting the petitioner to cross

examine the accused .The judgment passed on 05.12.2013 in

CMP.No:9869/13 which is arbitrary and unreasonable.

7. The respondents are failed to act in accordance with law

with the intension to save Government money and passing the illegal

proceedings with the intension to harass the petitioner and they failed

to act in accordance with law.

8. In the above circumstances this Hon’ble Court may please

to direct the respondents to submit their report with the related

records before this Hon’ble Court and the necessary action taken by

them in F.I.R.No:10/03 filed by the Inspector of Police, Vigilance

and Anti-Corruption Department, Cuddalore on the file of Chief

Judicial Magistrate Court, Cuddalore and Highways &Minor Ports,

(HL1) Department, Secretariat, Chennai-9 in his Lr No: 11477/HL-

1/04-22 Dated:13.10.08 and the resolution process of the Chief

Secretary to Tamilnadu Chief Minister for Kalpana Chawla Award

2007,12&14 and FIRNo:969/12 filed by the Inspector of

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Police,Vadasery on the file of JM-II Court,Nagercoil,The

CSRNo:477/13 issued by the S.I,Bhavani on the file of the J.M-II

Court,Bhavani in CMPNo:9869/13 and in CMPNo:10510/14 is

violation of justice to permit the accused to escape from their

offence. The Petitioner submitted two complaints to the Chief

Vigilance officer, Neyveli Lignite Corporation on 27.05.2012 against

Thiru.Ananthakrishnan and Thiru.Natarajan. the petitioner submitted

a complaints on 20.05.2014 to 1) the Superindent of

Police,Cuddalore,2) the Super indent of Police, Erode District,3)the

Superintending Engineer,Nabard&RR, Chengalpattu,4)the petitioner

submitted a Crl.O.P.SRNo:23266 on 20.05.2014 through her

advocate and Kalpana Chawla Award 2014 to 5) the District

Collector, Cuddalore and to the Director(General)Chepauk,Chennai-

5 on 20.05.2014 along with six pages of Public representations. The

District Collector, Cuddalore requested the report from the Director

(General) Highways, Chepauk, Chennai-5 on 11.08.2014. The

petitioner submits the following documents in typed set 1)

F.I.R.No:10/03 filed by the Inspector of Police, V&AC, Cuddalore

on 10.11.03 2) Application for Kalpana Chawla Award 2007,the

District Collector,Cuddalore Lr and the Resolution process of the

Chief Secretary,Secretariat,Chenai-9 3) The Secretary,Highways and

Minor Ports Lr No: 11477/HL-1/04-22 dated:13.10.08 3)

F.I.R.No:969/12 filed by the Inspector of Police, Vadasery

Dated:07.06.12 4) Application for Kalpana Chawla Award 2012

Dated:16.06.2012 and the Resolution process of the Chief Secretary,

Secretariat,Chenai-9 5) The complaint submitted to the Chief

Vigilance officer, Neyveli Lignite Corporation, Neyveli against

Thiru.Natarajan&Thiru.Ananthakrishnan on 27.05.2012 6) The

complaint submitted to the Chief Vigilance officer,Neyveli Lignite

Corporation,Neyveli against Thiru.Natarajan on 27.05.2012 7) The

compliant submitted to the Sub-Inspector of Police,Vadasery and

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CSRNo:477/13 dated:25.11.2013 8) The compliant submitted to the

Inspector of Police,Danvantri Nager, Pondicherry. 9) Application for

Kalpana Chawla Award 2007, the District Collector,Cuddalore Lr &

the Resolution process of the Chief Secretary,Secretariat,Chenai-9.

The CMD,NLC has framed charges against 1)Thiru.Ananthakrishnan

and against 2)Thiru.Natarajan and the petitioner was called for

departmental enquiry. As the departmental enquiry against

Thiru.Ananthakrishnan was conducted at Barshingsar Project,

Rajasthan State the petitioner submitted twenty three pages of

documents by fax to the departmental internal enquiry officer. As the

departmental enquiry against Thiru.Natarajan was conducted at

CGM, Mine-I office, Block-26, Neyveli, the petitioner appeared in

all enquiries before the departmental enquiry officer

A.R.Ramachandran, from Trichy, the departmental external enquiry

officer submitted nineteen documents to him. The petitioner was

threatened by the Inspector of Police, Pudhupet on 24.05.2014 and

falsely implicated in C.C.No:41/14 before the Judicial Magistrate

Court, Panruti.The Judicial Magistrate Court-II, Panruti is also from

Trichy. The petitioner filed discharge petition before the Judicial

Magistrate Court-II, Panruti on 09.06.2014 along with criminal

complaint against fourteen. As the Judicial Magistrate Court started

questioning without passing orders in discharge petition at 2.30P.M

on 09.06.2014. Hence the petitioner filed Crl.O.P.No:54804 before

the Hon’ble High Court, Chennai on 20.06.2014. Subsequently as

per the advice of the advocate the petitioner represented the

discharge petition before the Judicial Magistrate Court-II,Panruti and

submitted twenty one documents on 10.10.2014 along with written

submission and arguments and twenty three to forty five documents

on 31.10.2014 along with written submissions. As the Judicial

Magistrate Court-II,Panruti has no power to discharge the petitioner,

the Tr.CMP.No:4786/14 filed before the District Sessions

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Court,Cuddalore and got the orders on 15.12.2014 and the case

transferred to District Munisiff Cum Judicial Magistrate

Court,Neyveli in C.C.No:38/15 on 11.02.2015. 1) The petitioner

filed C.C.No:314/02 before the Judicial Magistrate Court-II,

Chidambaram on 08.10.2002 against three. The case is pending due

to delay in the officials to produce related records from concerned

officials under 91CRPC submitted before the Court, Chidambaram

on 29.01.2003 hence filed Tr.CMP.No:4787/14 before District

Court,Cuddalore and reply submitted by the petitioner to counter

filed by the Accused. 2) The petitioner filed Criminal Compliant

before the District Munisiff Cum Judicial Magistrate Court, Neyveli

on 20.10.14 fourteen. Subsequently the petitioner filed Criminal

Compliant before the District Munisiff Cum Judicial Magistrate

Court, Neyveli on 20.10.2014 against five in CSRNo: 55/14. An

Accident happened in the thermal power station-I on 20.05.2014 and

the Thermal Police,Neyveli has registered a case in FIRNo:59/14,the

NLC management has conducted five member department enquiry

and disciplinary action is pending against some officials.

9) In the above circumstances this Hon’ble High Court may

please to direct the respondents to submit report before this Hon’ble

High Court with the related documents and to arrest the accused and

thus render justice.

10). It is therefore prayed that this Hon’ble Court may be pleased

to direct the respondents to act in accordance with law to take

necessary action against the said persons and to recover the loss to

the Government and to prevent the harassment of the petitioner by

the respondents and grant such other equitable relief deemed fit and

proper in the interest of justice and equity and thus render justice.

Dated at Chennai on 22nd day of Feb-15 Petitioner-in-Person.

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MEMORANDUM OF GROUNDS OF CRIMINAL ORIGINAL PETITION

(Under Section 482 of Cr.P.C.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(CRIMINAL ORIGINAL JURISDICTION)

M.P.No:1/15

In

Crl.O.P. /15.

P.Chandira, M.E,(M.B.A)(BGL).,Assistant Engineer,Highways, Nabard and Rural Roads,Panruti, Cuddalore District. ----- Petitioner.

-Vs-

1) The Director, Vigilance &Anti-Corruption Department, Aryapuram, Chennai &thirteen others ------Respondents.

TYPED SET

S.No Date Description of Documents P.No.1 10.11.03 F.I.R.No:10/03 filed by the Inspector of Police,

V&AC, Cuddalore.2 17.04.07 Application for Kalpana Chawla Award 2007,the

District Collector,Cuddalore Lr and the Resolution process of the Chief Secretary,Secretariat,Chenai-9

3 13.10.08 The Secretary,Highways and Minor Ports Lr No: 11477/HL-1/04-22

4 07.06.12 F.I.R.No:969/12 filed by the Inspector of Police, Vadasery.

5 16.06.12 Application for Kalpana Chawla Award 2012 and the Resolution process of the Chief Secretary, Secretariat,Chenai-9

6 27.05.12 The complaint submitted to the Chief Vigilance officer, Neyveli Lignite Corporation, Neyveli against Thiru.Natarajan&Thiru.Ananthakrishnan.

7 27.05.12 The complaint submitted to the Chief Vigilance officer,Neyveli Lignite Corporation,Neyveli against Thiru.Natarajan

8 25.11.13 The compliant submitted to the Sub-Inspector of Police,Vadasery and CSRNo:477/13.

9 15.01.14 The compliant submitted to the Inspector of Police,Pondicherry.

10 20.05.14 Application for Kalpana Chawla Award 2007,the District Collector,Cuddalore Lr and the Resolution process of the Chief Secretary,Secretariat,Chenai-9

Dated at Chennai on 20.02.2015 Petitioner-Party-in-Person

11

IN THE HIGH COURT OF

JUDICATURE AT MADRAS

(CRIMINAL ORIGINAL JURISDICTION).

M.P.No:1/15

In

Crl.O.P. /15.

P.Chandira (47),

Assistant Engineer (H),

Nabard and Rural Roads,

Panruti. -- Petitioner/Petitioner

Vs-

The Director,

Vigilance and Anti-Corruption.

Chennai and thirteen others.

----Respondents/Respondents

AFFIDAVIT/

TYPED SET/

PETITION

P.CHANDIRA

Party-in-Person

12