Advocate Moves Contempt Petition against Chief Secy

Published: 09th February 2016 04:19 AM  |   Last Updated: 09th February 2016 04:19 AM   |  A+A-

CHENNAI:  As directed by the first bench of the Madras High Court earlier, activist and advocate P Pugalenthi has moved the Madras High Court with a contempt application to punish Chief Secretary (CS) for issuing the February 2 Government Order, which included all officers of the State government under the purview of the Prevention of Corruption Act and stipulated that a sanction from the government is necessary for prosecuting officers of the State government, irrespective of their rank and position.

In his petition, Pugalenthi submitted that once the three GOs issued since 1988 were cancelled, the All India Service officers and other government servants are equal in investigating complaints of corruption.

Advocate.jpgAfter revoking the three GOs, the Chief Secretary, with the February 2 GO, re-introduced the requirement of “prior approval of the government” in investigating corruption relating to All India Service officers and extended the same not only to other government servants but also to all public servants irrespective of their rank or group.

The Supreme Court, in the 2014 case of Dr Subramanian Swamy, categorically held  that Section 6A(1) of the Delhi Special Police Establishment Act, which requires approval of the government to conduct an inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act) is unconstitutional. 

Having given an undertaking that a procedure of investigation of complaints of corruption would be evolved in the light of this ruling with reference to All India Service Officers and other government servants, the CS has evolved a procedure to the effect that no complaint of corruption against any public servant (not merely All India Service Officers and other government servants) should be investigated by the  Directorate of Vigilance and Anti-Corruption without the prior approval of the government. The content of the February 2 GO would amount to a gross violation of the undertaking contained in its affidavit filed on October 1, 2015.  Therefore, the CS has committed  a “civil contempt” as defined in the Contempt of Courts Act, 1971, the petitioner contended.

Stay up to date on all the latest Chennai news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp