The Hindu : Tamil Nadu News : High Court permits DVAC to continue probe against IAS officer

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Tuesday, Aug 24, 2010
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Tamil Nadu

Tamil Nadu

High Court permits DVAC to continue probe against IAS officer

Special Correspondent

CHENNAI: The Madras High Court has permitted the Directorate of Vigilance and Anti-Corruption (DVAC) to continue its enquiry against the suspended IAS officer, C. Umashankar.

However, Justice V. Dhanapalan made it clear that the enquiry proceedings would be subject to the result of the writ petition filed by Mr. Umashankar. In view of the undertaking given by the government, after conclusion of the enquiry no further action should be taken without the orders of the court.

The petitioner had submitted that he was governed by the All India Services Act and the Public Servants Enquiries Act in the matter of disciplinary proceedings. He was governed by penal laws, including the Prevention of Corruption Act (PCA).

The police was free to register an FIR against him if there was credible information warranting action against him under the PCA. In the guise of enquiry, a police official in the rank of Deputy Superintendent could not be let loose on him, his family members, relatives and friends. There was abuse of power by police under the garb of vigilance enquiry.

On June 14, the court had granted an interim injunction restraining the DVAC from conducting any enquiry against him.

In the latest order, Mr. Justice Dhanapalan said considering the circumstances and submissions made by the counsel on either side, the earlier order was being modified to the effect that the DVAC is permitted to continue its enquiry.

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