BAGAVATHIAPPAN PILLAI Vs. STATE AND ORS.

JUDGEMENT

(1.) The filing of a private complaint on 18.07.2013 by the defacto complainant / 2nd respondent, against a Public Servant (the petitioner herein) without obtaining sanction from the competent authority, b) order by the learned Chief Judicial Magistrate, Nagercoil dated 21.08.2013 and consequent registration of FIR in Crime No.9 of 2014 by the Inspector of Police, Vigilance and Anti Corruption, c) the investigation conducted by the 1st respondent, are claimed to be illegal and abuse of process of Court and on these grounds, the petitioner seeks directions to quash the same.

(2.) The specific contentions with regard to filing of private complaint, direction issued by the Magistrate for registration and investigation of the case and the process of investigation itself are under challenge and the details of challenge are as under:

(3.) The complainant was working as Commercial Inspector at Karungal Tamil Nadu Generation and Distribution Corporation, Kanniyakumari Electricity Distribution Circle, Kuzhithurai from 23.08.2008 to 29.11.2011. The accused was working as Superintending Engineer from February 2008 to January 2012. The accused transferred the defacto complainant to Keelakrishnamputhoor on 12.12.2011. On 14.12.2011, the complainant has gone to the residence of the accused and expressed his difficulties in working at Keelakrishnamputhoor. The accused demanded a bribe of Rs.50,000/-, in order to comply with the request for re-transfer. On the same day, the letter for re-transfer was given. As the complainant was not ready to pay the bribe demanded, he reported the matter to the Vigilance and Anti-corruption Police Station. The authorities demanded proof of demand. Thereafter, the complainant visited the house of the accused with a pen camera and after negotiation, he paid a sum of Rs.20,000/-. The accused directed him to put it in a photo stand. Evidence on this aspect was produced before the Police. This incident was allegedly witnessed by one Christopher of Paloor Village. As there was no action, the complaint was sent by a registered post on 06.03.2012, which was acknowledged on 10.03.2012. No action has been taken till date. Hence, Crl.O.P.15124 of 2015 was filed seeking direction to the respondent to register a case and investigate. The accused is a Public Servant under Section 2(1)(e) of the Prevention of Corruption Act, 1988.