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,judge. MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.79 of 2022 S.Selvasekar .. Petitioner  Vs. I am satisfied that prima facia there are materials to come to the conclusion that after confidential enquiry report filed by the Deputy Superintendent of Police of Thiruannamalai and the preliminary enquiry conducted on behalf of the District Collector,  a dead person appears to have been working in the MGNREGA Scheme.  Attendance muster roll payment is also been made and some withdrawal has also taken place in respect of the deceased person Amaravathi and hence, I find that it is a fit case to issue a direction to register the complaint given by the petitioner herein. 

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 IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 20.07.2022

PRONOUNCED ON : 04.08.2022

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

Crl.O.P.No.79 of 2022 S.Selvasekar .. Petitioner

Vs.

The Deputy Superintendent of Police, (DSP)

Vigilance and Anti-corruption Department,

District Superintendent of Police Office,

Tiruvannamalai. .. Respondent

PRAYER : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue direction, directing the respondent to register the FIR on the petitioner’s complaint dated 22.11.2021, pending on his file. For Petitioner : Mr.G.Kartheeban

For Respondent        : Mr.S.Udaya Kumar

Government Advocate (Crl.Side)

ORDER The Criminal Original Petition has been filed for registering the FIR on the petitioner’s complaint dated 22.11.2021 by the respondent police.

  1. Brief facts leading to the filing of the Criminal Original Petition,

ars as follows:

  • The petitioner is residing at Easwaran Koil Street, AmudurVillage, Vandavasi Taluk, Tiruvannmalai District and a sum of Rs.12,000/- was credited into the petitioner’s account, which is subsidy amount of 6 days from the period of 20.05.2021 upto 26.05.2021 under Prime Minister Awas Yojana-PMAY (Individual bathroom allotment) Scheme, in the year 201718.  The said individual bathroom was allotted in his father’s name viz., Subburayan.  Whereas the amount was converted in the name of the petitioner’s deceased mother viz., Amaravathi and thereby created forged ENMR wherein it is mentioned as if the petitioner’s deceased mother worked from 27.05.2021 to 02.06.2021 and her signature were impersonated allegedly by one Maheswari, wife of Palani, along with Amudur Village Panchayat Secretary, viz., Babu and the Village President of Amudur viz., Parameswari, wife of Balamurugan.  The subsidy amount of Rs.12,000/- has been credited into the bank account of the petitioner’s deceased mother.
  • The petitioner claims that he approached the Block Development Officer, at Vandavasi in person, wherein he was advised by the said Block Development Officer to submit the ATM card of petitioner’s deceased mother, for withdrawal. However, he has sent a communication to the higher ups that all is not well in connection with the payment made in respect of PMAY  (individual bath room allotment) Scheme for the year 2017-18 and he made a representation to the complainant alleging that since the petitioner’s mother died on 26.03.2020, however as per the records of the Block Development Officer, the said muster roll shows as if she has worked from 27.05.2021 to 02.06.2021 and necessary amount has been sanctioned and hence, the Block Development Officer has asked for the ATM of his mother, who has died as early as on 26.03.2020 i.e. one year even before the alleged employment and hence, accordingly, he filed  RTI application before the concerned officer and it is found that one Selva Kumar has taken ENMR amount and also narrated various incidents wherein some body has forged the signature of her deceased mother and also taken the amount from the Amudur Village Panchayat Board President.
  1. At the time of the admission this Court has directed theconcerned officer to do the preliminary enquiry as required under the Prevention of Corruption Act. The statement of one Selvasekar, the defacto complainant was recorded to show that due to age, his mother died on

26.03.2020.  He further stated that under the Prime Minister’s Housing Project (Rural) he was sanctioned as a economically backward criteria and a sum of Rs.1.7 lakhs was accorded during the year 2017-18 and there was a demand of Rs.10,000/- in this regard for the sanction of the amount.

  1. After completion of the work, Rs.12,000/- has been sanctioned

for the construction of toilet, in which Rs.9,000/- has been paid in favour of his mother’s account and balance of Rs.3,000/- was credited to the 100 days work programme.  But as per the register maintained for the work project for the period 27.05.2021 to 02.06.2021, he found that the Field Superintendent viz., Tmt.Maheswari, wife of Palani has credited some amount as if the mother of the petitioner has worked from the above said date, while on fact, she had died as early as on 26.03.2020 and it appears that using the ATM card of the deceased person, some amount has been taken.  In short, the person in connection with the Scheme i.e., one Babu, Secretary of the Amudur Village Panchayat has instigated the facilitator of the scheme under MGNREGA viz., Tmt.Maheswari to put bogus attendance to the petitioner’s mother Tmt.Amaravathi from 27.05.2021 to 02.06.2021 as if she worked in the Toilet construction work at her house, but she had died in the earlier date on 26.03.2020.

  1. The Deputy superintendent of Police (Vigilance & AntiCorruption), Tiruvannamalai Detachment, on the factual verification has submitted a report, wherein he has stated that during the course of confidential enquiry, on perusal of the death certificate of Tmt.Amaravathi and the MGNREGS work list proved his version that Tmt.Amaravathi was died on 26.03.2020, however, in the MGNREGA Scheme NMR, there is an entry of attendance as Tmt.Amaravathi was working from the date of 27.05.2021 to 02.06.2021 and proved the version of the petitioner. Hence, in order to probe the allegation mentioned in the petition, a preliminary enquiry may kindly be ordered.
  2. A preliminary enquiry as contemplated under the Prevention of Corruption Act, was conducted by the District Collector, Thiruvannamalai as ordered and the Assistant Executive Engineer, Zonal office, Vandavasi Sub Division, was appointed as enquiry officer on 07.03.2022 and filed a enquiry report on 25.04.2022 stating that the complaint is ‘false’. The above report has been placed before this Court by way of typed set of papers.
  3. I have perused the report of the enquiry officer dated 25.04.2022 wherein it is stated that the name of the petitioner’s mother i.e.Amaravathi wife of Subbarayan, who had died on 26.03.2020, is found in the MGNREGA Scheme Attendance Register / Ledger Roll No.1 and her name was not removed and the above account is still in operation. For the purpose of construction of toilet under the PMAY scheme, amount has been credited to her bank account.
  4. Though the concerned officers viz., former Panchayat Secretary

and Field Superintendent have denied their signature, I find it is a matter for investigation.  In the attendance sheet in regard to Muster Roll for payment under MGNREGA Scheme from  20.05.2021, it is shown as S.Amaravathi has worked for a week and amount has also been paid, while the said Amaravathi has died even one year prior.  Hence, I find as per the muster roll maintained in the MGNREGA Scheme, the dead person seems to have been shown as working and also amount has been paid to her credit and ATM card of the deceased person was used to withdraw amount and

therefore, since it is a matter for investigation with regard to loss caused to the public exchequer in the MGNREGA Scheme, I am satisfied that prima facia there are materials to come to the conclusion that after confidential enquiry report filed by the Deputy Superintendent of Police of Thiruannamalai and the preliminary enquiry conducted on behalf of the District Collector,  a dead person appears to have been working in the MGNREGA Scheme.  Attendance muster roll payment is also been made and some withdrawal has also taken place in respect of the deceased person Amaravathi and hence, I find that it is a fit case to issue a direction to register the complaint given by the petitioner herein.

  1. Accordingly, the respondent Deputy Superintendent of Police

(V&AC) Thiruvannamalai shall take the entire gamut of the said Block Development Office for the above said year and one year prior and one year subsequent to the complaint by arraying the public servant as well as the unknown private persons and complete the enquiry and proceed further in accordance with law.  Status report of such enquiry to be filed before this

Court, after three months from the date of receipt of a copy of this order.

Accordingly, this Criminal Original Petition is allowed.

  1. Post the matter on 04.10.2022, ‘for reporting compliance’.

04.08.2022

Internet : Yes Index    : Yes/No ars RMT.TEEKAA RAMAN,J.,

ars

To

1.The Deputy Superintendent of Police, (DSP)

Vigilance and Anti-corruption Department, District Superintendent of Police Office, Tiruvannamalai.

  1. The Public Prosecutor, High Court, Madras.

Pre-delivery order in

Crl.O.P.No.79 of 2022

04.08.2022

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