V LAKSHMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) These writ petitions are filed by the Petitioners challenging the government order in G.O. Ms. No. 593, Home (Pol.VII) Department, dated 25.6.2010. By the impugned government order, the Government has decided to transfer the case registered against the Petitioners at Chromepet Police Station to the Central Bureau of Investigation and to accord consent to Central Bureau of Investigation under Section 6 of the Delhi Special Police Establishment Act, 1946 to enable the Government of India to extend jurisdiction of Delhi Special Police Establishment (CBI) to investigate the said case against the Petitioners, who are Deputy Warden (Ladies Hostel) and Maintenance Supervisor respectively of Sri Balaji Medical College and Hospital, Chromepet, Chennai, a constituent of Bharath Institute of Higher Education and Research, Chennai, a Deemed University.

(2.) 1. The Petitioners are employed as Deputy Warden (Ladies Hostel) and Maintenance Supervisor of Sri Balaji Medical College and Hospital. The employer of the Petitioners, viz., the Management, has lodged a criminal complaint with the fourth Respondent (Inspector of Police, Chromepet Police Station) alleging that the Petitioners have induced a student promising admission in the college and attempted to receive huge amounts. The complaint of the de facto complainant was taken on file and a case was registered in Crime No. 290 of 2009 against the Petitioners for an offence punishable under Section 420 read with Section 511 of the Indian Penal Code. The Petitioners obtained anticipatory bail and are complying with the condition imposed therein by reporting to the fourth Respondent and are co-operating with the fourth Respondent for investigation. It is stated that the management has initiated disciplinary proceedings and the Petitioners were dismissed from service.

(3.) 1. In the counter affidavit filed by the fourth Respondent, it is stated that on 4.6.2009, the Dean, Sree Balaji Medical College and Hospital, Chromepet appeared before the Assistant Commissioner of Police, Tambaram and gave a complaint that the Petitioners, who are employees of Sree Balaji Medical College and Hospital, have demanded money from a student/parent promising to get admission into the Medical College. It is stated that the complainant learnt about the same through newspaper report and based on that complaint was given.