FACULTY WELFARE ASSOCIATION NATIONAL INSTITUTE OF TECHNICAL TEACHER Vs. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE first petition namely Crl.OP No. 1536 of 2014 has been filed by an Association viz., Faculty Welfare Association, National Institute of Technical Teachers Training and Research, Government of India, Ministry of Human Resources Development, Chennai ''600 013. The second Petition being Crl.OP No. 1537 of 2014 has been filed by an individual. In both the petitions, the petitioners have levelled various charges of corruption and involvement of four persons mentioned therein in their complaint dated 13.12.2013 and 31.12.2013 respectively. According to the petitioners, the respondents did not swiftly taken any action on the basis of the complaints given by them. The respondent did not also register any complaint on the basis of such complaints given and therefore, the inaction on the part of the respondents is contrary to the directions issued by the Honourable Supreme Court of India in the decision reported in (Lalita Kumari vs. Government of UP and others) 2013 (6) CTC 353 @ 405.

(2.) THE petitioner Association would contend that the inaction on the part respondent/CBI in taking action on the basis of the complaint received by them is in violation of the dictum laid down by the Honourable Supreme Court in the constitution decision referred to above. It is further stated that the association had narrated various events in the complaint relating to embezzlement of money by malpractice in civil works; loot of funds from projects and self -financing college programmes; fradulent transfer of project funds, embezzling TA/DA of participants, misuse of funds meant for retirement benefits, misdirecting the pay of staff for wrongful gain and misuse, bribery in faculty recruitment, conspiracy to cover up corruption, sexual misconduct with trainee staff etc., Therefore, according to the petitioner ''Association, even though such a cognisable offence is made out, the respondent/CBI did not take any action and therefore the present petition has been filed.

(3.) AS far as Crl.OP No. 1537 of 2014 is concerned, on the basis of the complaint given by the petitioner, a case in Crime No.144 of 2012 came to be registered by the State Police. In the complaint, it was alleged that approval has been granted by National Institute of Technical Teachers Training and Research, Chennai to ineligible engineering colleges etc., In other words, the complaint mainly pertains to large scale corruption in National Institute of Technical Teachers Training and Research. According to the petitioner, the faculty in the institute are afraid of challenging their bosses by giving complaint to the respondent. It is further contended that already a case has been registered in Crime No.144 of 2012 on the file of the first respondent but it has not been properly investigated. Further, the National Institute of Technical Teachers Training and Research is a Central Government Organisation, therefore, the first respondent has no jurisdiction to investigate the case in Crime No.144 of 2012. The petitioner therefore seeks for investigation of the case by the respondent/CBI by invoking Section 154 of Cr.P.C. In the light of the Constitution Bench decision of the Honourable Supreme Court referred to above.