CHENNAI: The Madras High Court on Wednesday questioned the Directorate of Vigilance and Anti-Corruption (DVAC) for not registering an FIR on the alleged cash-for-jobs scam in the Municipal Administration and Water Supplies (MAWS) department, despite court orders.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan raised the query while hearing a contempt of court petition filed by IS Inbadurai, Rajya Sabha Member belonging to AIADMK. The petition sought action against DVAC’s then director (in-charge),
AT Duraikumar, for failing to obey the February 20 high court order directing the agency to register an FIR, based on the Enforcement Directorate’s communication in connection with the alleged cash-for-jobs scam in the recruitment of 2,538 posts in the MAWS department. On Wednesday, the DVAC filed a counter-affidavit to the contempt petition.
The bench directed the agency to either register an FIR or look for other avenues (appeal) available. “If FIR is not registered, it will frustrate the entire purpose. Either register FIR or pursue other open avenues,” it said.
Senior counsel NR Elango, representing the DVAC, said the agency is not frustrating the purpose and has the highest respect for the court. The agency has to obtain prior permission under Section 17A (regarding inquiry into offences related to decisions taken by a public servant in discharge of official duties) of the Prevention of Corruption Act from the government before registering the FIR.
Advocate General PS Raman informed the court that the state has moved a review petition in the Supreme Court challenging the high court’s order, and the petition is yet to be numbered.Inbadurai’s petition had alleged that the agency deliberately refrained from registering an FIR against the MAWS minister, KN Nehru, under extraneous considerations and political influence, thereby defeating the very purpose of the order.