Proceedings against IPS officer stayed
Chennai: The Central Administrative Tribunal (CAT), Chennai, has ordered an interim stay in connection with criminal proceedings against suspended IPS officer M.S. Jaffar Sait, accused in a fraudulent allotment of a residential plot of the Tamil Nadu Housing Board, worth several crores of rupees. The Directorate of Vigilance and Anti-Corruption (DVAC) had filed a case against him and six others on charges including corruption, cheating and criminal conspiracy.
In his petition, Sait said he was IG (Intelligence) between 2007 and 2011. The DVAC in 2011 registered three criminal cases against him. However, the Union ministry of home affairs, rejected government’s request to accord sanction to prosecute him.On August 6, the state government issued him a charge memo. Following this, Sait submitted a request to the government seeking documents enabling him to file a reply and prepare an affidavit.
However, on November 13, he received two more charge memos. Later, the government sent a reply without required details. He contended that as per All India Services (Discipline and Appeal) Rules, 1969, he was entitled for the requested details and documents.Hence, he filed the petition CAT seeking an interim injunction to restrain the state government from “proceeding in any manner” on the three charge memos.
The bench, comprising judicial member K. Elango and administrative member P. Prabhakaran, ordered notice to the Union ministry of home affairs, ministry of personnel and training, state government and DVAC.The bench also directed the authorities to maintain status quo with regard to the enquiry as well as the three charge memorandums and posted the matter to January 6 for further hearing.
DVAC had filed chargesheet last year against seven persons - Jaffar Sait, his wife Parveen, Tamil Nadu housing board executive engineer K. Murugaiyyan, former chief minister M. Karunanidhi’s secretary G. Rajamanickam, his son Durga Shankar, former minister I. Periyasamy and T. Udhayakumar of Landmark Constructions.They accused were facing offences punishable under section 120(b) (criminal conspiracy), 409 (criminal breach of trust by public servant), 109 (abetment) of IPC and sections 13(2) read with 13(1)(c) (d) of the Prevention of Corruption Act.
According to the prosecution, the suspended additional director-general of police, had entered into criminal conspiracy with the other accused and obtained a residential plot of the Tamil Nadu Housing Board, worth several crores rupees, allotted for his family at Besant Nagar.The land, along with an adjacent piece of land allotted to a private secretary of former chief minister M Karunanidhi, was then given to Landmark Constructions for joint development and sale. After the case was registered in July 2011, the ADGP was placed under suspension, and he continues to remain out of service.