Delay in investigating plaints against officers unconstitutional: HC

CHENNAI: Justice SM Subramaniam of Madras High Court ruled that when a complaint was lodged against government officers, the competent authority should investigate the same without causing any delay and if the delay caused by the superior officer it is unconstitutional.

The judge passed the direction on disposing of a petition filed by financier Mukanchand Bothra (deceased) and the case was being run by his son M Gagan Bothra. The petitioner sought direction to take action against the Chief Secretary of the state for not acting upon a complaint of his father filed against one IAS officer named V Mohandoss in 2013.

According to the petitioner, Mohandoss received a sum of Rs.10 lakhs as a loan from Mukanchand Bothra and returned the amount through a cheque. However, the cheque bounced without sufficient funds.

Though the financier made a representation to the CS in 2013 for initiating department action, no action was taken against the complaint. Therefore the petition was moved before the bench.

Recording the submissions, the judge held that since several such complaints were raised against the IAS officer even before the filing of this petition, there is a force in the contention of the petitioner that the action was not taken in time.

"The public authorities are expected to perform their duties diligently and in the interest of the public at large. Whenever a complaint is filed and there is some information, which requires action, then the competent authorities are bound to act without any loss of time. In the event of failure, it will result in no confidence in the public authorities and such inaction and omission is unconstitutional, " the judge held.

However, the state submitted that the CS asked the Chennai City Police Commissioner to take stringent action against the IAS officer. Subsequently, the commissioner ordered the police to file an FIR and a case under section 420 of the IPC was filed against Mohandoss.

Recording the submissions, the judge disposed of the matter.