LAWS(MAD)-2018-2-320

UNION OF INDIA REP.BY THE GENERAL MAN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE K.K.NAGAR (PS CRIME) TRICHY DISTRICT TIRUCHIRAPALLI DISTRICT & ORS.

Decided On February 02, 2018
Union Of India Rep.By The General Man Appellant
V/S
The State Rep.By The Inspector Of Police K.K.Nagar (Ps Crime) Trichy District Tiruchirapalli District And Ors. Respondents

JUDGEMENT

(1.) On the complaint lodged by the General Manager, Indian Ordnance Factory, Tiruchirapalli, the Inspector of Police, K.K. Nagar P.S. Crime, Trichy, registered a case in Crime No. 277 of 2016, on 10.09.2016, for the offences under Sections 419, 420, 465, 468, 471 and 109 I.P.C., against Rupesh Shibu Dey and Bharath Singh and took up the investigation of the case.

(2.) It is the case of the de facto complainant that recruitment for the posts of Durwan, Lower Division Clerk (L.D.C.), Multi-Tasking Staff (M.T.S.) and Laborer etc., was announced by the Indian Ordnance Factory and as a part of the recruitment process, written test was conducted on 20.12.2015. It came to the notice of the higher-ups of the Indian Ordnance Factory that there were irregularities in the recruitment process inasmuch as impersonation had taken place in the written examination hall at Jamal Mohamed College, Trichy, which was one of the examination centres. The Indian Ordnance Factory Officials scrutinized the application of eleven candidates and on 20.06.2016, sent their fingerprints to Tamil Nadu Fingerprint Bureau, Chennai, for verification and the Tamil Nadu Fingerprint Bureau, Chennai, gave a report, dated 26.07.2016, stating that out of eleven cases sent for verification, in two cases, fingerprints did not tally. In other words, the two persons, who wrote the examination were not the two persons, who were selected. The two selected persons were Rupesh Shibu Dey (A1) and Bharath Singh (A2). Therefore, the Appointing Authority took departmental action and terminated them from service. Since the offence has taken place in Jamal Mohamed College, Trichy, the complaint was lodged to the Inspector of Police, K.K. Nagar P.S. Crime, Trichy, for investigation. During the course of investigation, the Inspector of Police, K.K. Nagar P.S. Crime, Trichy, arrested the accused 1 and 2 and now, they are on bail. Thereafter, there had not been any progress in the investigation by the State Police and therefore, the General Manager, Indian Ordnance Factory, Tiruchirappalli, has filed the present application seeking for transfer of the investigation in Crime No. 277 of 2016, from the file of the State Police to the file of the Central Bureau of Investigation, Anti-Corruption Branch.

(3.) On the directions of this Court, today (i.e., 02.02.2018) Mr. S. Syed Bazlullah, Superintendent of Police, C.B.I. (A.C.B.), Chennai, Mr. K.S. Nageswaran, Inspector of Police, C.B.I. (A.C.B.), Chennai and Mr. S. Raja, K.K. Nagar P.S. Crime, Trichy, are present before this Court.