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On Friday, the Madras High Court ordered a CBI investigation into the corruption allegations against Tamil Nadu Chief Minister E Palaniswami, which pertain to awarding of contracts of highway projects worth crores to his relatives.
Justice A D JagadishChandira expressed dissatisfaction over the clean chit given to the CM by the State Vigilance Department in a petition filed by R S Bharathi, Secretary of DravidaMunnetraKazhagam(DMK), the opposition party. Bharati alleged in the petition that cost of World Bank funded State Highway projects were artificially inflated, and the work was awarded to persons related to the Chief Minister. It was also alleged that to eliminate and dissuade all eligible contractors from participating in the bid by adopting intimidating tactics and thereby, the provisions of the Transparency of Tenders Act, 1998 and its rules have been violated with immunity.
The further allegation was that case for criminal misconduct under the provisions of Prevention of Corruption Act, 1988 had been made out against the present Chief Minister of Tamil Nadu and that he had amassed wealth by using his office as Highways Minister. The petition was originally filed for registration of FIR against the CM. After the filing of the case, the State Vigilance department initiated preliminary enquiry after which, the Advocate General informed the Court that no case was made out against the CM.
The Court noted that the allegations are made against the Chief Minister and his relatives who were the contractors. The Department which has awarded the contract is under the administrative control of the CM and the agency which is inquiring into into the complaint was also under the administrative control of CM, as he was holding the portfolios of Home Affairs and Police.Justice JagadishChandira observed that the facts of this case this court at the outset is able to visualise that the preliminary enquiry had not been done in a fair and just manner.
Justifying interference under Article 226 of the Constitution of India, the Court noted that “justice should not only be done but be seen to be done” being the essence of fairness equally applicable to administrative authorities and people in power. Fairness is thus a prime test for proper and good administration.
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