HC comes down on DVAC for not registering case

The Madras High Court today came slammed the Directorate of Vigilance and Anti Corruption for not registering a case against 18 state transport department officials for illegally spending Rs 32.88 lakh for expenses of guests of former Minister K N Nehru during 2006-11, despite having sufficient evidence.
Justice S Nagamuthu of the HC's Madurai bench, allowing a petition by a former employee N Kumbakonam, directed the DVAC to register a case and investigate it.
"There can be no justification to refuse to register a case when there are prima facie materials that public servants and persons in the helm of affairs have misappropriated public funds for their own use and indulging in corruption," he said.

The DVAC, to whom the complaint had been given, admitted 62 witnesses were examined and 56 documents collected. A preliminary enquiry confirmed Rs 32.88 lakh had been illegally spent to meet the expenses of the guests during this period.
The Judge said the preliminary report clearly made out cognizable offences warranting investigation. "I don't understand as to why instead of registering a case only a departmental action was recommended against the officials concerned."
He rejected the DVAC's plea that the preliminary enquiry may not be sufficient to prove any offence against the accused beyond reasonable doubt and said it was only to find out a prima facie case for the purpose of registering the case. Sufficient evidence is to be collected in order to prove the guilt. "Therefore, the reasoning cannot be accepted."

The petitioner claimed he had given the complaint to the DVAC against the officials but no case was registered, though they admitted that there was evidence for corruption.