S. PALANIVEL Vs. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION WING MADURAI

JUDGEMENT

(1.) The petitioner has been arrayed as A-13 in Special Case No. 35 of 2011, pending on the file of the learned Special Judge for Prevention of Corruption Act Cases, Madurai, for the offences under Sections 120(B), 167, 467, 468, 471, 409, 420 and 109 I.P.C. and Section 13(1)(c) and (d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(2.) It is the case of the prosecution that the Government of India announced Scholarship to deserving individuals belonging to Backward Community, who are undertaking Typewriting and Shorthand Courses vide G.O.No.1788, Social Welfare Department, dated 15.07.1982. According to the prosecution, one Venus Typewriting Institute run by Sankar submitted scholarship applications for the period 1989 - 1990 in respect of 144 applicants on the premise that the applicants belong to Backward Community and also that they have the necessary minimum qualifications as prescribed by G.O.No.1788, dated 15.07.1982. As per the said Government Order, the application of each individual has to be accompanied by a photocopy of the Community Certificate, Income Certificate and also Educational Qualification Certificates duly attested by a Gazetted Officer. It is the specific allegation of the prosecution that this petitioner, being a Group-B Gazetted Officer, has attested 144 Community Certificates, Income Certificates and Educational Qualification Certificates, which were submitted by Venus Typewriting Institute, represented by Sankar (A-12) to the Backward Classes and Minorities Welfare Department for obtaining scholarship. On the strength of the applications, scholarship to the extent of 79,883/- was granted by the Government and the amount was also disbursed. Thereafter, it came to the knowledge of the Backward Classes Department that the 144 individuals were bogus individuals. Hence, a case in Crime No. 1 of 1997 was registered and after completion of investigation, charge sheet has been filed against 16 accused for the aforesaid offences.

(3.) The petitioner filed a discharge application in Crl.M.P.No.17 of 2011 in Special Case No. 35 of 2011, under Section 239 Cr.P.C., which came to be dismissed by the Trial Court, by order dated 29.02.2016. Challenging the dismissal of the discharge petition, the present revision has been filed with a delay of 580 days.