A.G.CHANDRASEKAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner to quash the criminal proceedings in C.C.No.91 of 2011 on the file of the Special Court for the cases under Prevention of Corruption Act, 1988, Chennai.

(2.) The facts of the case are briefly stated hereunder:-

(3.) The learned counsel appearing for the petitioner submitted that the main charge alleged against the petitioner is that he is the signatory to the agreement which has resulted in causing loss to the TANFED Limited. According to the prosecution, he has mainly failed to insist and obtain quality certificate of the raw cashew nut as well as to insist upon the Security Deposit from the accused company. He further submitted that the entire process of entering into the contract for the supply and purchase of raw cashew nut from the accused company were all taken as policy decision by way of proceedings involving higher officials than the petitioner herein. In fact, the Special Officer of TANFED, under whom the entire proceedings had taken place is by and large deciding authority on the various policy decisions taken on behalf of the Government. The petitioner is a far less ranked subordinate than the principal decision maker i.e. the Special Officer/The Board of Committee for taking policy decision who in turn is aided by his immediate subordinates, who are five in numbers viz. General Manager-Marketing, General Manager-Fertilizer, General Manager-Accounts, General Manager-Seeds and Pesticides and General Manager-Engineering, who in turn are all higher in rank than the petitioner herein. Thus, all the decisions taken by the Special Officer/Board of Committee of TANFED are to be strictly adhered to by the subordinate officers working therein.