The Madras High Court today held that views of Tamil Nadu government need not be sought before launching an inquiry into allegations of corruption against its employees.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, quashed a portion of a Government Order which mandated seeking the remarks of Tamil Nadu government before an inquiry could be launched against its employees.
In a public interest litigation filed by an advocate, P Pugalenthi, the court held para four of the Government Order issued earlier this year as "unsustainable in law" and quashed it.
In effect, the Directorate of Vigilance and Anti-Corruption could straight away look into complaints of corruption against Tamil Nadu government servants.
The court said the GO mandated DVAC to forward graft complaints to Vigilance Commission.
The Commission would, in turn, obtain the 'remarks of the government.' Later, it would give its views too before DVAC could go ahead in any complaint. "In our view, this is not permissible," the court held.
The petitioner's counsel M Radhakrishnan contended that the state has no jurisdiction to mandate seeking prior approval of the government through GO for investigating an offence under Prevention of Corruption Act.
