Court: HC refuses to quash charge memo against CDPO in Rs 4 cr scam

Justice S Vimala, who disposed Shahana Begum’s petition, directed the Additional Chief Secretary Finance (T&A-II) Department to furnish copies of the documents relating to the charges framed against the 24 persons on Thursday.

“Considering the nature of charges against the petitioner, the respondents are directed to furnish copies of the documents relating to the charges framed against the petitioner within a period of one week from the date of receipt of a copy of this order and to complete the enquiry within a period of two months from the date of furnishing of the documents,” Justice Vimala said.

The petitioner contended that she joined the service through the employment exchange as Community Nutrition Instructress on June 29, 1984 and was promoted to the post of Child Development Project officer (CDPO) on February 28, 2011.

While so, the Additional Chief Secretary, Finance Department issued a Government Order dated June 16, 2017, stating that the petitioner is involved in a disciplinary case along with 24 others. The petitioner had challenged the above Government Order by way of another writ petition which was dismissed by the court on July 27, 2017, against which a Writ appeal was filed. This was also dismissed on November 9, 2018.

In the meantime, the charge memo was issued against the petitioner vide a Government letter dated May 17, 2018 which is challenged by the petitioner in the present case.

Stating that without mentioning what the disciplinary case is in which the petitioner is involved the said charge memo was issued and the Authority has also not enclosed the copies of the documents said to have been enclosed therein. She also submitted that there was no witness cited in the said charge memo to substantiate the charges framed, which is squarely against the principles of natural justice and the said charge memo is bad in law.

The petitioner’s counsel also submitted that the petitioner is due to retire on November 30, 2018 and hence should not be allowed to languish by suffering an order of suspension.

He also submitted that the investigation by the Vigilance and Anti-Corruption is pending. Further, a criminal case has been registered against one R Vadivazhagi CDPO and the inquiry is still under way. Hence, till a report is filed by the above investigating department finalising the involvement of the 24 officials in the impugned order is premature.

However, Additional Advocate General Narmada Sampath appearing on behalf of government submitted that the scam pertained to 2013-2015 and it has come to light only during the audit thereafter and immediate action has come forth.