IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2020
Dravida Munnetra Kazhagam,
No. 367 & 369, Anna Salai,
Chennai – 600 018
- The State of Tamil Nadu,
Represented by its Chief Secretary to Government,
Secretariat, Fort St. George,
Chennai – 600 009.
- The Secretary to Government,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009
- The Director General of Police,
Dr. Radhakrishnan Salai,
- The Tamil Nadu Public Service Commission
Represented by its Secretary,
TNPSC Road Park Town, V.O, C. Nagar,
- The Assistant Commissioner,
Central Crime Branch,
Office of the Commissioner of Police,
Vepery, Chennai 600 007
- The Central Bureau of Investigation
Joint Director and Head of Zone (South),
IIIrd Floor, E.V.K., Sampath Building,
College Road, Chennai 600006.
AFFIDAVIT OF R.S. BHARATHI
I, R.S. Bharathi s/o D.J. Raman, Indian, aged about 72 years, having office at DMK Headquarters, Anna Arivalayam, 367 & 369 Anna Salai, Teynampet, Chennai 600 018, do hereby solemnly affirm and sincerely state as follows:-
- I humbly submit that I am the Petitioner herein; Organisation Secretary of the Dravida Munnetra Kazhagam (DMK) Party and a Member of Parliament (Rajya Sabha) and as such I am well acquainted with the facts and circumstances of the case. I am competent to swear to this affidavit.
- I submit that the Dravida Munnetra Kazhagam (hereinafter referred to as ‘the party’) was founded in the year 1949 and has been, and continues to be a major political party in the State of Tamil Nadu. The party has a rich history, heritage and political legacy and has formed Government in the State several times and has also been instrumental in forming the Union Government a number of times. The Party has been constantly fighting against elected representatives and bureaucrats indulging in corruption. The party aims to build a corruption-free society.
- I state the Petitioner is constrained to file the above Writ Petition in view of the rise in instances of corruption in matters pertaining to recruitment by the State Government in recent years. In fact, in every selection/ recruitment process conducted over the past five years, there have been serious malpractices and corruption, leading even this Hon’ble Court to set aside a few selection processes as a whole.
- I state that the Petitioner’s party has been instrumental and prominent in safeguarding the public interest whether it is in Government or not. The party has risen up on several occasions to lend a credible voice against corruption and has never failed to knock the doors of this Hon’ble Court when required. I state that this Petitioner fought tooth and nail to retrieve the TANSI property from those who sought to illegally appropriate it by setting the law in motion and fighting the case up till the Hon’ble Supreme Court, even when the State machinery failed to file any appeal. The Petitioner party was also instrumental in assisting the prosecution in the Disproportionate Wealth case wherein the former Chief Minister Selvi J. Jayalalithaa along with her close aide Sasikala and her relatives were prosecuted, and ultimately convicted by the Special Court sentencing all of them to 4 years imprisonment and with an unprecedented fine. The Hon’ble Supreme Court confirmed the Trial Court’s Judgment in toto and the accused Sasikala and her relatives are serving their sentence in jail. Even in the case of appointment of Tamilnadu Public Service Commission members, one of the DMK’s sitting Member of Parliament Mr. T.K.S. Elangovan filed a Writ Petition challenging the appointments of 11 TNPSC members and in a landmark judgment, this Hon’ble Court set aside their appointments. On appeal to the Supreme Court, the Supreme Court refused to stay the quashing of the appointments. Further, when banned chewing tobacco like GUTKA was sold illegally due to the nexus of the criminals with the then DGP, Commissioner of Police and Health minister, the DMK party’s MLA Mr. Anbazhagan filed a Writ Petition and this Hon’ble Court ordered transfer of investigation into the Gutkha scam to the CBI. The appeal filed before the Hon’ble Supreme Court also came to be dismissed. As observed by the Hon’ble Supreme Court in the case of K. Anbazhagan vs State of Tamilnadu, the opposition parties are the watchdogs of the democracy both inside and outside the Legislative Assembly (house). The party is presently the Principal Opposition Party in the Legislative Assembly of Tamilnadu and plays a constructive role in safeguarding the interest of the people of Tamilnadu and to preserve democracy and particularly lakhs and lakhs of youth who are looking forward for recruitment through a trustable agency like TNPSC.
- The Petitioner has no personal interest in filing the above Writ Petition, and the same is filed solely to eradicate the evil of corruption in government in Tamil Nadu, in public interest. Corruption is a cancer in society. It requires to be eradicated at all levels and particularly in the functioning of the Government and its agencies. The Petitioner party seeks to strengthen the constitutional framework and the rule of law and is filing this Writ petition to ensure a corruption free government for the citizens. The petitioner has not filed similar writ petition and the petitioner undertakes to pay the cost in case this Hon’ble Court comes to a conclusion that it is not a public interested litigation. The Petitioner’s PAN NO. is AASPS5891B. My Aadhar No.5558 6600 9270. My Annual Income through profession and as Member of Parliament is
- I state that the TNPSC issued notification No. 9/2015 dated 10.7.2015 for Direct Recruitment to the Posts of (a) Deputy Collector, (b) Deputy Superintendent of Police(Category I),(c) Asst. Commissioner,(d) Commercial Taxes Service and (e) District Registrar, Tamil Nadu Registration Service. The date of preliminary examination was fixed on 8.11.2015. The fees was fixed at Rs 125/- for preliminary exams and Rs 125/- for main written examination. Registration fee was fixed at Rs 50/-. The notification prescribed the examination centers where Preliminary Examinations were to be conducted. The TNPSC collected crores of money from the innocent applicants. The applicants thought that the exams would be conducted in a fair manner and hence lakhs and lakhs of candidates applied to the said post. However, all the trust and faith reposed by the candidates on this constitutional body failed due to the criminal nexus of the TNPSC top officials with coaching institutions for the cash for Government job scam.
- I state that after the Group 1 preliminary examinations, the controller of examinations published the preliminary exams result on 20.4.2016. The main written examinations were conducted by the TNPSC on 29.7.2016, 30.7.2016 and 31.7.2016. The TNPSC short listed 148 candidates thereafter released a provisional list through a notification dated 12.05.2017 for certificate verification to find out their eligibility for admission to oral test for appointment to these posts. Thereafter about 73 candidates were selected in Group I exams.
- I state that when TNPSC published the preliminary examination results, as well as the provisional selection list vide notifications dated 20.4.2016 and 12.05.2017 respectively, it has stated in those two notifications itself that writ petitions were pending challenging the recruitment. Therefore, the fact remains that the scam came to light even before the preliminary exams results were published.
- I state that this scam surfaced when an anonymous letter, without signature but with a fake name K.N. Sridharan with address 38/75, Katcherry Road, Mylapore, Chennai 600-004 was sent to a private TV channel Sathiyam TV, along with one leaked original answer BOOKLET BEARING No. 001074218 from the Group-I exams. I am given to understand that the said private news channel received an anonymous letter containing a cover from an original answer script of the exam. Thereafter, the said news channel besides forwarding a complaint to the Commissioner of Police, Chennai, ran a programme exposing the huge scam. When the scam in Group I selections were thus exposed, and when television media were showing the original leaked answer sheets in the TV Channels, the TNPSC gave a complaint to CCB, Chennai, against one Sathiyam TV as if the prestigious image of TNPSC is damaged through fabricated documents, claiming it to be TNPSC Group I answer sheet and sought to register an FIR against the said TV channel. The complaint given by TNPSC fructified in to an FIR in Crime No. 273 of 2017 on the file of CCB Chennai and same was registered under 465,471,408,384, 34 IPC. Interestingly the complaint preferred by the private TV Channel was not registered and hence the private TV Channel filed Crl OP No 18155 of 2017 before this Hon’ble court seeking to register a complaint. Meanwhile an unsuccessful transgender candidate Swapna Karthik challenged the Group-I selection process by filing W.P. No. 21279 of 2017 before the Hon’ble Madras High Court.
- I state that the magnitude of the corruption was to the extent that incriminating report of corruption scandals were posted in facebook account of “Natraj’s TNPSC short cuts” on 29.6.2017. Further in a Facebook account holder by name Vignesh Muthu scanned copies of leaked Group I exams answer sheet were posted on 10.7.2017. In another Facebook post dated 10.7.2017 of one Rajaboopathy Radian, scanned copies of Group I examination answer sheet of candidate number 001072159 was posted.
- I state that this Hon’ble Court after hearing all the parties, by an order dated 21.8.2017 directed the Commissioner of Police to conduct investigation and submit a detailed report. On the basis of the Hon’ble High Court’s direction, one Thiru. K.Senguttuvan s/o Kasinathan, Inspector of Police Central Crime Branch, Greater Chennai Police Vepery Chennai – 7 was nominated as the Investigating Officer by the Commissioner of Police.
- The said I.O. after preliminary investigation filed a first status report dated 19.9.2017 before the High Court. In the said status report it is admitted by I.O. that based upon complaint given by one Shankarasubbu, Deputy Secretary TNPSC, and investigation was conducted. The I.O. in the said report has stated that the leaked answer sheet in the possession of a private TV Channel Sathyam and the original answer sheet submitted by TNPSC were sent to forensic laboratory. The forensic report says that both the answer sheets were found to be one and the same and therefore the leakage of answer sheet claimed by private TV channel is correct. The IO Claimed that the unused answer booklets of Group I were bundled and kept openly on the way side portion of the officials rooms as well as staff were taken out by paying huge amounts to TNPSC staffs and also they are not able to account the remaining unused answer booklets of Group-I service Main Examination, 2016 and the leaked answer sheet in possession of Sathyam TV is one among them.
- I state that the Hon’ble High Court on receipt of first status report and after accepting the request of Public Prosecutor seeking time for investigation granted time. However during the hearing of the above Writ Petition on 8.11.2017, the Learned Public Prosecutor submitted that 67(sixty Seven) Answer papers have been found to be missing as per investigation. The second status report was filed by I.O. dated 29.11.2017 claiming that search were conducted in three training institutes- Natraj Institute of TNPSC, Vinoba IAS Academy, Radian IAS Academy and that involvement of some officials of TNPSC were found. The single Judge who was hearing the matter received the second report and adjourned the matter under the caption “For Orders”. The said I.O. filed a third status report on 21.12.2017 revealing shocking investigation involving nexus with TNPSC officials and substitution of answer sheets with newly written answer booklets and arrest of few TNPSC officials and sought further time.
- I state that this Hon’ble Court on receipt of status report, gave a finding that there is corruption and ordered that “whosoever it may be, how so high they are, it is for the investigating officer to conduct investigation in a fair manner and uninfluenced by any force”. The Learned Judge gave a finding that there is prima-facie case and directed impleading of all persons shown in status report by his order dated 21.12.2017 and adjourned the writ petition. Thus this Hon’ble Court impleaded Mr Saidai Duraisamy as the 8th Respondent. Thus it could be seen that prima-facie, this Hon’ble Court found the involvement of persons who are highly placed persons and therefore asked for an impartial investigation.
- I state that on 19.01.2018 this Hon’ble Court granted time for filing final status report. While the matter stood thus, in the remand report of accused A1 Mr. Kasi Ram Kumar s/o Subramaniam dated 26.4.2018 filed by the I.O. Mr. K. Senguttuvan before the Court of Chief Metropolitan Magistrate, Egmore, Chennai in Crime No. 273/2017 it is stated as follows:
தமிழ்நாடு தேர்வாணைய Group-1 2016-ன் தேர்வில் தேர்ச்சி பெற்ற மொத்த தேர்வர்களான 74 பேரில் 62 பேர் ஒருகுறிப்பிட்ட தனியார் பயிற்சி மையத்தில் பயிற்சி பெற்று முறைகேடாக தேர்ச்சி பெற்றுள்ளனர் என்பது பற்றி உயர்நீதிமன்றத்தில் விவாதிக்கப்பட்டு அது சம்மந்தமாக காவல் விசாரணை மேற்கொள்ள நீதிமன்றம் அறிவுறுத்தலின் பேரில் விசாரணை மேற்கொள்ளப்பட்டது. இவ்விசாரணையில் மனிதநேயம் மற்றும் அப்பலோ பயிற்சி மையத்தின் இயக்குனராக செயல்பட்டு வரும் திரு. சாம்ராஜேஸ்வரன் என்பவர் தமிழ்நாடு தேர்வாணையத்தில் நடைபெறும் போட்டி தேர்வுகளில் பலமுறைகேடுகள் செய்திருப்பதாக தெரிய வந்தது. விசாரணையில் திரு.சாம்ராஜேஸ்வரன் தேர்வாணையத்தில் நடைபெறும் போட்டி தேர்வுகளுக்கு கேள்வி தாள்களை முனைக்கும் பணியில் (Question Setters) சம்பந்தப்பட்டகல்லூரி பேராசிரியர்களுடனும் மற்றும் போட்டி தேர்வுகளின் விடைத் தாள்களை திருத்தும் பணியில் ஈடுபட்டுள்ள சம்மந்தப்பட்ட கல்லூரி பேராசிரியர்களுடனும், தேர்வாணையத்தில் பணிபுரியும் சில ஊழியர்களிடம் நெருங்கிய தொடர்பு கொண்டு பல தேர்வாணைய முறைகேடுகள் செய்து இருப்பதாகஅவர்கள் தொலைபேசி எண்களை ஆய்வு செய்ததிலிருந்து தெள்ளத் தெளிவாக தெரிய வருகிறது.
- I state that thus, the remand report of I.O. clearly nails “Manethaneyam” and “Appollo Institute” in this cash for government Job Scam. The promoter of “Manethaneyam” is one Mr. Saidai Duraisamy, former MLA and former Mayor of Chennai and member of ruling AIADMK party. The I.O. clearly refers to the various calls exchanged between Sam Rajeswaran with the question paper setters and college professors who had evaluated the answer sheets and that out of 74 persons who passed in the said Group I exams 62 candidates were trained by the above Training Centres. The said Sam Rajeswaran has advertised in various newspapers that all 62 candidates studied in their institutions have successfully passed Group 1 examination and lured lot of candidates to join their institutes and thereby earned crores of money. The photographs taken by certain successful candidates with Mr Saidai Duraisamy and advertisement issued by Manethaneyam that these candidates had studied in Manethaneyam clearly nails the involvement of Mr Saidai Duraisamy. Interestingly even before the interview they were shown in the advertisement that they are the selected candidates.
- I state that it is also stated in the remand report of A1 that the Institute’s premises were searched on 18.1.2018 and mobile numbers of offenders and lot of incriminating documents were seized from Mr. Sam Rajeswaran. Thus it could be seen that both Mr Saidai Duraisamy and Mr Sam Rajeswaran were clearly involved in this multi crore TNPSC Group I exams cash for Government job scam .
- I state that another turn in this case is that since the Investigation Officer K.Senguttuvan in his one of remand report of Accused A1 filed before the Metropolitan Magistrate Court has implicated Manethyaneyam and Sam Rajeswaran, due to the pressure from the Chief Minister who is having home portfolio, the DGP took steps to transfer the said IO and replace with another IO by name Mr. C. Jaya Singh, Asst. Commissioner of Police. While transferring the investigation the entire team setup to investigate along with IO was dismantled and all were transferred to different areas. Since the newly appointed I.O. Mr Jaya Singh adopted the same investigating path of earlier IO and was nearing “Manithaneyam” promoters, due to the interference of highly placed powerful persons, Mr. C. Jaya Singh did not have any option than to proceed on Medical Leave alleging heart ailments. Thereafter one Mr. Sundaravadhanan was appointed as I.O. and this time also his operations were collapsed by replacing him with one Mr. Subramania Raju, Asst. Commissioner CCB through proceedings of Deputy Commissioner of Police II, CCB Greater Chennai Police in Rc No 220/DC/CCBII/Camp/19 dated 11.7.2019 as the new I.O in this investigation. The said Mr.SubramaniaRaju I.O. filed a status report dated 26.7.2019 before this Hon’ble Court and sought for more time.
- I state that from this, it is apparent that investigation into the Group I examination scam which surfaced in 2017 was stalled in January 2018 due to the interference of persons who are at the helm of the affairs in the Government. The remand report nails the involvement of coaching centre namely “Manithaneyam” run by a prominent AIADMK member Mr. Saidai Duraisamy and Appollo Training Institute run by his associate Mr. Sam Rajewaran who was the kingpins in this cash for Job scam. I am given to understand that Mr. Saidai Duraisamy is very close to the Hon’ble Chief Minister who holds the Home portfolio and he is a former MLA, former mayor who wields his pressure on the police to stop/ divert the investigation in the above cash for government job scam. The Home portfolio is with Hon’ble Chief Minister. There was no reason as to why 3 times the Investigating officers were changed and particularly the team itself is dismantled and all the officers are sent to different departments. As stated above, when the FIR was registered in 2017, the investigation was stopped in January 2018. Recently it has come to our notice that due to the pressure of highly placed persons like Ministers and high level Police officers who are at the helm of affairs and who are in the ruling party and closely associated with Mr. Saidai Duraisamy, the I.O. has been pressurized to cover up the Sam Rajeswaran of Appollo Institute and Mr. Saidai Duraisamy of Manethaneyam apart from the highly placed TNPSC officials who are also hand in glove in this cash for job scam.
- I state that despite the registration of FIR in Crime No. 273/2017 and the remand report filed by the then I.O., due to the intervention of highly influential persons in power, up to the level of the Chief Minister, former Ministers and former Mayor who is running coaching centre viz. Manitha Neyam and their associates Apollo Training Institute, the investigation has been stopped since 2018. The frequent change of the investigating officers by itself would show that all is not well in the investigation and the interference of the persons at the helm of affairs is evident.
- I state that enquiry reveals that huge amounts have been collected from each of the candidates ranging from Rs. 15 to 25 lakhs for Group I post and this entire scam was done with the connivance of officials in TNPSC, including TNPSC Chairman, Commission Members, Controller of Examinations, TNPSC Secretary and also Ministers in conspiracy with the coaching centres like Manethaneyam, Appollo Training Institute run by MrSaidaiDuraisamy, Sam Rajeswaran who are the kingpins in the above scam. The hands of higher police officers in this scam cannot be ruled out which is evident by the change of more than two IO’s in this case as they are reluctant to delete the names of Manithaneyam and Appollo training institute run by SaidaiDuraisamyand Sam Rajeshwaran.
- I state that, I have been given to understand that even in the previous years in 2014 & 15, all candidates who were selected in the Group – I examination were either from Appolo or Manithaneyam. As per their respective websites, in 2014, 67 students out of the 79 selected candidates were from Apollo whereas Manithaneyam claimed that 59 out of the 79 were from their coaching centre. In 2015, out of the 74 vacancies, Appolo claimed that 65 students were from their centre and Manithaneyam claimed that 62 were from theirs. Therefore, it is clear that the two centres have been hand in glove with the TNPSC officials for a long time.
- I state that the various illegalities and scams exposed in the Group I examinations cannot be stopped by simply arresting persons at the lower level, when the real culprits are highly placed officials and also persons at the helm of affairs in the ruling party. These arrests are done to divert the investigation and to shield the real accused. Hence, the entire investigation is not bona fide and tainted with mala fides and will not bring the real accused to the books.
- I state that though the TNPSC examinations are conducted by the Controller of Examinations, however, the responsibility for conduct of interview and publication of results rests with the Secretary of TNPSC. Such a large scale scam cannot start and end with the lower level officials, when the exam pertains to Group I. It is in public domain that the examination question papers pertaining to Group I are printed in different States and the Controller of Examinations of TNPSC completely supervises and monitors with regard to preparation of question papers and conduct of examinations. Thus when remand report clearly reflects the involvement of exams paper setters and answer sheet correctors in this cash for government job scam, the role of controller of examinations of TNPSC and the Secretary TNPSC cannot be ruled out. The involvement of Chairman TNPSC who also has access to the question paper has to be probed. More so the leakage of question papers is also possible at the place where it is printed and therefore, unless complete investigation is not done as to how the leakage occurred at printing level, illegalities will never be exposed and the real culprits cannot be brought to book. Since more than one state is involved, and crime is interstate unless the investigation is handed over to CBI the investigation cannot be effectively done. Why the I.O. was changed frequently and who stalled the investigation at whose direction has to be probed. When the kingpin is the powerful former AIADMK M.L.A., and who also served as former Mayor, fair investigation in this Group I cash for job scandal cannot be expected.
- I state that the transfer of an investigating officer in this type of scam and appointment of another officer in his place without any valid reason raises serious doubts about the genuineness of investigation being done by the CBCID. It is a practice in vogue that question papers are sent to different centers in other States for printing. Therefore, unless investigation as to the leakage of the examination question papers at the centers in other States, it will not come to light as to the stage at which manipulation occurred, either at the printing centre or at the time when the papers were transported. The involvement of the top level bureaucrats and the ruling party members, particularly police personnel in the cash for government job scam can be brought to light only by independent agency like CBI. The present Investigating officer who is in the grade of Assistant Commissioner and the CBCID wing which is under the control of the Commissioner of Police Greater Chennai at no stretch of imagination can enter in to the cocoon created by powerful persons to protect the powerful kingpins. More so the entire TNPSC starting from the Controller of Examinations, TNPSC Secretary, TNPSC Chairman hands could be seen in this scam. The reason is the remand report of A1 in this case. The main kingpin Mr Sam Rajeswaran mobile log discloses his conversations with the examination setters and exam papers evaluators. This highly confidential information is available with TNPSC Candidates and TNPSC Secretary and therefore serious doubt racks about their involvement in this scam. Who had given the numbers and what was the deal has to be probed in depth.
- Another shocking factor is that the possibility of leakage of question paper at the printing place cannot be probed. It is in public domain that the TNPSC question papers are printed in a printing place at Calcutta. Therefore the involvement of persons from a different state their role has to be probed. Thus the interstate investigation has to be done to bring the accused to the books.
- I state that another shocking factor in this scam is the manner as to how one of the kingpin Mr Sam Rajewsaran was allowed to go scot free. When the earlier investigating officers were attempting to apprehend him, Mr R Sam Rajeswaran moved Anticipatory Bail application and obtained pre arrest bail on the same day in Crl Mp No 7986 of 2018 dated 16.5.2018. There upon the investigation officer approached this Hon’ble court in CrlOp No 167838 of 2018 praying to cancel the anticipatory bail order granted to Mr R Sam Rajeswaran and the petition filed in the above CrlOP may be treated as part and parcel of this affidavit. This Hon’ble court after hearing submissions of the Learned Public Prosecutor passed an order on 13.11.2018 and the order may be read as part and parcel of this affidavit. As against the said order no SLP has been preferred and why the prosecution has not taken any steps to move Hon’ble Supreme Court is million doller question. Thus it could be seen the mystery remains about the invisible hands behind this sudden turn. The fact remains that all is not well as big sharks are now involved and the truth will not be surfaced if it is allowed to be investigated by the state police and prosecuted by the state. The Petitioner is also given to understand that some collusive writ proceedings are also sought to be filed in Madurai High Court to overcome the Petitioner’s attempt to expose the multi-crore cash for government job scam and the petitioner will expose the persons behind who are used as weapons at the appropriate time.
- I state that another factor for seeking transfer of investigation is the fact that more than one State is involved and the investigation has to be done beyond the territorial limits of Tamil Nadu Police, it would be appropriate and in the interest of justice if the investigation is transferred to CBI in respect of Group I examination scams, particularly for the reason that these kinds of scams are prone to destroy the morale of the society, which may lead to chaos, desperation and frustration among the educated youth. More so, as stated above, to instill confidence in the minds of public and to avoid interference from highly placed Government officials, police officers and persons in power, it would be advisable that the investigation relating to Group I examination scams be handed over to independent body CBI. There is a genuine and reasonable apprehension in the mind of public that since powerful political persons and highly placed TNPSC officials and high ranking police officials are involved there would not be free and fair investigation in this huge scam. An impartial probe by an independent agency like CBI is the need of the hour.
- Further, I submit that the very Government Order bringing the TNPSC within the jurisdiction of the State Police has been challenged before this Hon’ble Court and is pending. Hence, it would certainly be in the interest of a fair and impartial investigation that the case is transferred to CBI.
- I state that the very purpose of Public Service Commission being established is to see that the meritorious candidates get job opportunity in Government service. The candidates who have prepared themselves for the competitive examinations conducted by the TNPSC by devoting time, energy and money, have now been duped and the persons who had paid money for jobs have got jobs by passing through TNPSC examinations and have got the jobs for cash. Such cash for government job will certainly undermine the necessity for competitive examinations. If things go unchecked like this, the young aspirants will totally lose faith in the TNPSC recruitments. As observed by the High Court, the persons who snatched job opportunities which are available for meritorious candidates cannot be allowed to go scot free because of the intervention by highly placed officials from the Government Department, Police Department and also the ruling party members who are at the helm of affairs including the Chief Minster who is in charge of home portfolio. The avowed object of ensuring a free, fair and transparent recruitment process in an unbiased and uninfluenced manner to the educated youth is now in question. In order to bring the entire scam to light and instill confidence in the minds of public relating to fair and unbiased conduct of competitive examinations by an Institution like TNPSC, the DMK party, as the major opposition political party, is duty bound to thrive hard to ventilate the grievances of the public and therefore, with that avowed object, seeks transfer of investigation in Crime No 273 of 2017 pending with CCB Vepery Greater Chennai – 7 to the Central Bureau of Investigation and oblige.
- I state that corruption in our society is like a cancer and its tentacles has reached in all walks of society. It’s shocking to know that the faith and trust reposed on a constitutional body by the framers of constitution now stand eroded. If government jobs are sold for cash, it would erode the morale of the society and the constitutional courts cannot be silent spectators and should deal with iron hands. “Right to be considered for appointment” is a fundamental right. Art 16 of the constitution emphasizes equality of employment in matters of public employment and equality of opportunity for all citizens in the matters of employment or appointment to any office under the state. Such sacrosanct duty being entrusted with the constitutional authority like TNPSC for recruitment through competitive examination, has now become a tent for corrupts. If the government jobs are sold by way of back door methods, then the youth will loose in the recruitment mechanism.
- I state that the Union and State Public Service Commissions are inter alia charged with the duty of advising the Government on various matters relating to civil services and civil posts such as methods of recruitment, appointments, promotions and transfers and disciplinary matters and it is of utmost importance for the efficiency and integrity of the civil services that this duty should be performed by the Union and State Public Service Commissions objectively, impartially and without being influenced by any extraneous considerations. The Commissions have vast powers of recruitment and appointment to an ever increasing number of government posts and in a country with considerable unemployment, these powers may be prone to abuse and misuse if the office of the Chairman or Member of the Union or State Public Service Commission is exposed to executive or political pressures. Therefore, the Parliament thought fit that the office of the Chairman and Member of the Union or State Public Service Commission must therefore be zealously kept beyond reproach and above suspicion.
- I state that in the year 1924, the Royal Commission on superior services in India popularly called the Lee Commission said:
“wherever democratic institutions exist, experience has shown that to secure an efficient civil service it is essential to protect it as far as possible from political or personal influence and give it that position of stability and security which is vital to its successful working as the impartial and efficient instrument by which governments of whatever political complexion may give effect to their polices. In countries where this principle has been neglected and where the spoils system has taken its place an inefficient and disorganized civil service has been the inevitable result and corruption has been rampant.”
- It was due to the recommendations of Lee Commission that the Public Service Commissions were setup in this country with the objective outlined by the Lee commission. When Art 285(3) of the draft Constitution providing for ineligibility of the Chairman and Members of the Union or State Public Service Commissions for future employment under the Government was being debated in the Constituent Assembly, Dr Ambedkar pointed out the reason for incorporating the provision in the following words:-
“Now I come to the other important matter relating to the employment or eligibility for employment of members of the Public Service commission – both the Union and state public service commissions. Members will see that according to Art 285 (3) we have made both the chairman and the members of the central public services commission as well as the chairman of the state commission and the members of the state commission, ineligible for reappointment to the same posts; that is to say, once a term of office of chairman and member is over , whether he is a chairman of the union commission or the chairman of the state commission we have said that he shall not be reappointed. I think that is a very salutary provision, because any hope that might be held out for reappointment or continuation in the same appointment, may act as a sort of temptation which may induce the member not to act with the same impartiality that he is expected to act in discharging his duties. Therefore that is a fundamental bar which has been provided in the draft article”
- Therefore the framers of the Constitution were anxious to insulate the Chairman and Members of the Union or State Public Service Commissions from executive or political pressures or influences and to place them beyond the reach of allurement or temptation which may cloud their judgment and impede them from doing their duty. The Constitution makers were keen to ensure that the Chairman and Members of the Union or State Public Service Commissions were above reproach, free from coercion and political influence so that they could, if necessary, stand up against the executive and defy any political pressure. It was with this end in view that the Constituent Assembly adopted clauses (a) to (d) of Art 319 prohibiting future employment under the Government of India, under the Government of State for Chairman and Members of the Union or State Public Service Commissions. Therefore, the constitutional makers had high expectation about this recruitment body and that is the reason the persons with good impeccable integrity are appointed.
- I state that the institutional integrity of the TNPSC is now doubted by the people. The top TNPSC officials viz. the controller of examinations, the Secretary TNPSC including TNPSC Chairman Involvement are under serious doubt without which this large scale scam which shocks the conscience of any person would have happened.
- I state that I met the 1st Respondent on 12.2.2020 and gave a representation seeking to transfer investigation in order to instill confidence in the mind of the general public and also the candidates who write exams trusting TNPSC. I gave representation to the 2nd Respondent, DGP and CBI. However the Respondents have no control over the issue because of the involvement of the powerful ministers including the Hon’ble Chief Minister.
- Having no other alternate or efficacious remedy, the Petitioner is constrained to file the above Writ Petition under Article 226 of the Constitution of India seeking for transfer of investigation to CBI from the 3rd & 5th Respondents.
- I state that if the records of the case are not immediately ordered to be handed over to the CBI, there is every possibility that key documents and evidence may be tampered with since there is the involvement of persons at the very helm of Government. I submit that till the disposal of the Writ Petition, the 5th Respondent should be directed to keep all the documents in safe custody without being tampered with. The 5th Respondent should also be restrained from proceeding with any further investigation and filing of any final report in the above CCB Cr No 273 of 2017 pending on the file of CCB, Chennai.
- It is therefore humbly prayed that this Hon’ble Court may be pleased an order of ad-interim direction directing the 5th Respondent herein to hand over the entire case records and documents pertaining to Crime No. 273 of 2017 on the file of Central Crime Branch, Greater Chennai, Vepery to the safe custody of this Hon’ble Court in a sealed cover pending disposal of the above Writ Petition and pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
- It is therefore humbly prayed that this Hon’ble Court may be pleased to grant an order of ad-interim stay of further investigation and filing of any final report in the above Crime No. 273 of 2017 on the file of Central Crime Branch, Greater Chennai, Vepery pending disposal of the above Writ Petition and pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
- It is therefore humbly prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction in the nature of WRIT OF MANDAMUS directing the 1st and 2nd Respondent to transfer the investigation in Crime No. 273 of 2017 on the file of the Central Crime Branch, Greater Chennai, Vepery to the 6th Respondent and consequently direct the Respondents 3 to 5 herein to hand over the entire case records and documents pertaining to the investigation to the 6th Respondent Central Bureau of Investigation and further direct the 6th Respondent to investigate the matter afresh and file a final report before the competent Court, within a time frame to be fixed by this Hon’ble Court and pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
Solemnly affirmed at Chennai
on this the 23rd day of
and signed his name in my presence. DEPONENT
ADVOCATE – CHENNAI