CHENNAI: The Madras High Court upheld the state government’s decision to hold a detailed vigilance enquiry by the Directorate of Vigilance and Anti-Corruption (DVAC) against A K Viswanathan, Inspector-General of Police and former Additional Commissioner, Chennai Police, for accumulating assets “disproportionate to known sources of his income.”
Dismisiing his petition, Justice V Dhanapalan ordered the panel to expedite the probe and conclude it soon.
The judge said that the committee, constituted by the government, comprises the chief secretary, home secretary and vigilance commissioner.
``Therefore, when a competent authority is enquiring into the matter and in the absence of any incompetency, this court cannot interfere in the matter of detailed enquiry as ordered nor in the power exercised in accordance with law and the provisions of the DVAC manual.’’
``Further, it is in a preliminary stage. It may end either in favour of the petitioner or against him and in case the proceedings end adverse to him, the petitioner can very well have recourse to challenge such proceedings. In the given situation, no interference is called for, at this stage,’’ the court noted.
Rejecting the contention that he was covered by all India services Act 1951 and Rule 1969, which browbeat the state government from initiating proceedings against him, the judge said “The petitioner is an IPS officer of TN cadre and hence the disciplinary authority is the state government itself.’’
Pointing to Clause 4 (1) of the DVAC manual that an officer in the rank of DSP could be the enquiry/investigation officer, the judge also noted that ``Just because AK Viswanathan holds the rank of IG, he cannot claim any immunity from enquiry conducted by a competent officer.’’
The judge noted further that `` The allegations of mala fide have been made earlier and due to the very seriousness of such allegations, it demands a probe of credibility.’’
