PALANIVEL Vs. THE STATE OF TAMIL NADU REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, MADURAI

JUDGEMENT

(1.) THE petitioner in Cri.O.P. (MD)No.8406 of 2008 is arrayed as accused No.13 in S.C.No.11 of 2008, the petitioner in Cri. O. P. (MD) No. 8562 of 2008 is arrayed as accused No .14 in S.C. No.11 of 2008, the petitioner in Cri.O.P. (MD) No.8559 of 2008 is arrayed as accused No.15 in S.C.No.11 of 2008, the petitioner in Cri.O.P. (MD) No.8555 of 2008 is arrayed as accused No.15 in S.C.No.11 of 2008, the petitioner in Cri.O.P. (MD) No. 8563 of 2008 is arrayed as accused No .14 in S.C.No.12 of 2008, the petitioner in Cri.O.P. (MD)No.8407 of 2008 is arrayed as accused No.15 in S.C.No.12 or 2008, the petitioner in Cri.O.P. (MD)No.8408 of 2008 is arrayed as accused No.13 in S.C.No.13 of 2008, the petitioner in Cri.O.P. (MD) No.8565 of 2008 is arrayed as accused No.14 in S.C.No.14 of 2008, the petitioner in Cri.O.P. (MD)No.8558 of 2008 is arrayed as accused No.15 in S.C.No.14 of 2008 and the petitioner in Cri.O.P. (MD) No. 8509 of 2008 is arrayed as accused No.16 in S.C.No.14 of 2008.

(2.) ALL these petitioners, who are Gazetted Rank Government servants worked in various ranks in the Government Departments. A case has been registered in Crime No.1 of 1997 by the respondent, the Vigilance and Anti -Corruption, Madurai on 5.5.1997 based on the complaint given by the District Backward Classes and Minority Welfare Officer, Madurai for the alleged misappropriation of the scholarship fund during the year 1989 -1990, 1990 -1991 and 1991 -1992. The said investigation prolonged for 11 years and a charge -sheet was also filed on 10.6.2008 against the petitioners in Special Cases in S.C.Nos. 11 to 14 of 2008 before the learned Chief Judicial Magistrate/Special Judge, Madurai for the alleged offence under Sections 120 -B, 167, 467, 468, 471, 409, 420 and 109, IPC and Section 13(1) (c) and (d) r/w 13(2) of the Prevention of Corruption Act, 1988 and the same was taken on file which is pending as Special Cases.

(3.) THE brief facts of the case is as follows: The students, applying for scholarship, should send the application with necessary particulars in a prescribed form through the head of the institution, where they are undergoing typewriting and shorthand courses. The application should be accompanied by the supporting documents such as income certificate and community certificate and copy of the hall ticket for attending the Government Examinations. The scholarship amounts will be granted to the students, who are studying in the recognized or approved school of commerce through the head of the institution. Head of the institution would send, on receipt of applications from the students to the District Backward Classes and Minority Welfare Office for scrutiny and verification. Thereafter, the District Backward Classes and Minority Welfare Officer approve the same. After his approval, the Assistant Accounts Officer/Junior Accounts Officer will approve the bill with the assistance of concerned Assistant dealing with the subject and then crossed cheque will be issued by the Assistant Accounts Officer or Joint Accounts Officer and the cheque will be entered in the relevant -register and it would be sent to the concerned institution for disbursement to the students as scholarship.