VIJAYALAKSHMI SHANMUGAM Vs. CHIEF SECRETARY

JUDGEMENT

(1.) BOTH the writ petitions question the G.O.Ms.No.530, Public (Buildings) Department dated 22.6.2011 appointing a Commission of Inquiry to inquire into the causes and circumstances leading to certain alleged irregularities in the construction of the New Secretariat Complex in Omandurar Government Estate, Chennai. The Notification directed to be published in the said Government Order reads as under:- "WHEREAS, it has been brought to the notice of the Government that there has been certain alleged irregularities like excess expenditure, irregularities causing loss to the exchequer, whether all statutory approvals AND WHEREAS, the Government of Tamil Nadu is of the opinion that it is necessary to appoint a Commission of Inquiry for the purpose of making an inquiry into a definite matter of public importance hereinafter specified; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 3 of the Commissions of Inquiry Act, 1952 (Central Act LX of 1952), the Governor of Tamil Nadu hereby appoints a Commission of Inquiry consisting of a single member, namely, Hon'ble Justice Thiru S.Thangaraj, Retired Judge of Madras High Court. 3. The terms of reference of the Commission of Inquiry shall be as follows, namely:- a. To inquire into the causes and circumstances leading to the alleged irregularities like excess expenditure, irregularities causing loss to the exchequer, whether all statutory approvals and clearances were obtained, inordinate delay and deficiency in standards of construction in the construction of New Secretariat Complex at Omandurar Government Estate, Chennai-2; b. To inquire whether there was any lapse or abuse of position on the part of the Government Officials/Public Servants; c. if such allegations are proved true, then to suggest suitable ways and means to prevent such recurrences in future; and d. To make appropriate recommendations as the commission deems fit. 4. The Commission will complete its inquiry and submit its report to the Government within a period of three months from the date of publication of this Notification in the Tamil Nadu Government Gazette. 5. AND WHEREAS, the Government of Tamil Nadu are of the opinion, having regard to the nature of the inquiry to be made by the said Commission of Inquiry and other circumstances of the case, that all the provisions of sub-sections (2), (3), (4) and (5) of Section 5 of the Commissions of Inquiry Act, 1952 (Central Act LX of 1952) shall be made applicable to the said Commission of Inquiry. 6. NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 5 of the Commissions of Inquiry Act, 1952 (Central Act LX of 1952), the Governor of Tamil Nadu hereby directs that all the provisions of the said sub-sections (2), (3), (4) and (5) of the said Section 5 of the said Act shall apply to the said Commission of Inquiry."

(2.) THE following are some of the facts, as culled out from the petitions, leading to the present litigation. THE Legislative Assembly Complex at Fort Saint George was constructed by the East India Company in the year 1640 AD. After independence, the building was used as the Legislative Assembly with its administrative wing. THE D.M.K. political party formed the Government in the year 2006 and the Government identified the Omandurar Government Estate as the venue for the construction of New Secretariat and Legislative Assembly complex. THE building was constructed in two blocks, namely, Block-A measuring 9.3 lakh sq.ft., consisting of 700 rooms to house the assembly hall, rooms for Hon'ble Ministers, opposition leaders, Chief Secretary and all other Secretaries apart from a hall for the Legislative Council with a parking facility for 100 cars. Block-B, Administrative Wing, is an eight-storeyed building measuring 7.43 lakh sq.ft., including a convention hall with a seating capacity of 1200, guest house of 50 suites apart from the multi-level car parking facility for 700 cars. THE New Secretariat complex was made operational till 13.3.2010.

(3.) THE petitioner in W.P.No.18883 of 2011, the present Member of Legislative Assembly and a former Minister for Education, has questioned the impugned Government Order on two grounds, that the present Chief Minister who appointed one-man commission of inquiry is biased against the D.M.K. Government and particularly against the former Chief Minister. His further grievance is that the issue of Government Order at the instance of the present Chief Minister is mala fide only to wreak political vengeance. THE order is unfair, arbitrary, unconstitutional and suffers from malice in law. It is also his grievance that for issuing the Government Order, no materials were available before the Government.