G.MATHANAGOPAL Vs. SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT

JUDGEMENT

(1.) The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 20.07.2020, passed by the third respondent, quash the same as illegal and consequently, direct the first respondent to take proper action against the respondents 2 and 3 for not following the mandatory provisions of law and pass orders on the petitioner's representation dated 12.08.2020, by transferring the petitioner's complaint to some other Police Officer under his jurisdiction and direct them to register the case and to conduct proper investigation in accordance with law.

(2.) The petitioner is the Managing Trustee of Srimathi Renganayaki and Sri Sriramulu Educational and Public Charitable Trust. In the above said Trust, apart from the petitioner, there are three more Trustees, viz., S.Kaliyamoorthy, S.Thiruvenkadam and G.Srinivasan.

(3.) The grievance of the petitioner is that one of the above said Trustees viz., Thiruvenkadam committed malpractice in the School accounts and did not maintain the books of accounts, receipts, vouchers etc. For the said malpractice, he was temporarily suspended from the Trusteeship, by the Resolution dated 21.12.2019. Before that, one S.Venkatesan was appointed as Principal of the School by the said Thiruvenkadam and thereafter, they maintained two accounts for the School i.e., one in the name of the Correspondent of the School and another one in the name of the Principal of the School, which is exclusively meant for receiving funds from the Government of Tamil Nadu towards the Tuition fees for the Students studying under the Right of Children to Free and Compulsory Education Act, 2009. The said Venkatesan misappropriated the fund from the Indian Overseas Bank Account with the connivance of the said Thiruvenkadam. A sum of Rs.6,97,070/- was received from the Government of Tamil Nadu on 05.05.2020, by way of transfer to the account maintained in the School. The said Venkatesan issued a cheque for a sum of Rs.6,95,000/- in the name of T.Sangeetha, wife of Thiruvenkadam, and allowed her to take the money from the School account and thereby, committed criminal breach of trust. In respect of the same, the petitioner lodged a complaint before the first respondent on 06.07.2020, for taking appropriate action. Pursuant to the said complaint, the second respondent issued a notice to the petitioner under Section 41-A Cr.P.C. to appear before him for enquiry on 20.07.2020 at 10.00 a.m. with relevant records. As directed by the second respondent, the petitioner went to the Office of the second respondent and narrated the facts and also produced the copies of the statement of accounts, written statement and oral statement about the misappropriation of funds by the said S.Venkatesan and S.Thiruvenkadam on various dates to the tune of Rs.19,51,858/-. The petitioner also gave a statement that nearly about Rs.4 Crores was misappropriated by the said S.Venkatesan, S.Thiruvenkadam and T.Sangeetha. In this regard, except the petitioner, no other persons were examined by the second respondent on that day. In the meanwhile, the petitioner received the impugned written communication dated 20.07.2020, by postal service on 03.08.2020 from the third respondent, in which, it is stated that the further action on the complaint given by the petitioner was dropped. Aggrieved over the same, the petitioner is before this Court for the relief stated supra.