Take action against officials who failed to file chargesheet in cheating case: HC

Chennai: The Madras high court has directed the Deputy Commissioner of Police, Chennai, to identify the official and take disciplinary action against him for not taking any steps to file a chargesheet in case of cheating and misappropriation of funds against an woman employee of a company.

Justice S.Vaidyanathan, who gave the directive said, “This court is of the view that the erring official need to be suspended from service for dereliction of duty. It is made clear that if it is brought to the knowledge of this court that the erring official is not taken to task, serious action would be taken against persons, who is/are responsible to initiate action against the erring officials, apart from initiating contempt proceedings”.

The judge dismissed a petition from H.Vadivukarasi, which sought to modify a bail condition imposed by the court while granting anticipatory bail to her.

The judge said it was represented by the counsel for the petitioner that though the petitioner has paid a sum of Rs 5 lakh to the credit of the case, she was unable to deposit a valuable security worth about Rs 5 lakh and hence, the present petition seeking to modify the said condition. “It is very unfortunate that no chargesheet has been filed against the petitioner even after a lapse of three years, when the petitioner has been charged with misappropriation of a sum of Rs 20 lakh from the complainant company”, the judge added and gave the directive while dismissing the petition.

The judge said the disciplinary authority, at a later point of time, shall take into account the principles laid down by the apex court in the case of Ajay Kumar Chowdary Vs.Union of India, to transfer and place the erring official in an insensitive post.

The case of the prosecution was that the petitioner along with two others, who were staff of South Indian Cinema and Television Producers Association, were alleged to have misappropriated funds of the association by creating bogus vouchers to the tune of Rs 20 lakh. On a complaint given by the secretary of the association, the Mambalam police registered a case against the three and the first accused was arrested. Apprehending arrest in this case, the petitioner filed an anticipatory bail and the judge had on March 24 granted anticipatory bail with certain conditions.