CBI probe into job racket case: Madras High Court
CHENNAI: The Madras high court has ordered CBI re-investigation against former IAS officer D Vivekanandan and his son Kavin Vivek in a job racket case.
Justice P N Prakash, rapping the Thirumangalam police for not having fulfilled the basic investigation requirements in the three-year-old case, said: "Vivekanandan, now retired, was a senior officer in the rank of secretary in the Tamil Nadu bureaucracy. Even in the order dated June 22, 2015, this court has observed that heavy pressure is being brought upon the inspector of police by the lobby of serving bureaucrats to torpedo the main case itself...Therefore, it will not be advisable to hand over the reinvestigation of the case to the state police.
That apart, the CBI is adept in investigation of cases arising under the Prevention of Corruption Act. In this case, there are 10 victims who are crying for justice from 2013."
Ganapathi, who identified 10 people, collected 13 lakh each from them promising Public Relations Officer posts in government departments and gave the money to Kavin Vivek. When the latter neither got them job nor returned the money, he lodged a complaint.
Justice Prakash, indicating action against the journalist, asked how he could be bestowed the status of a complainant when he ought to have been cited as an accused for his role in the fraud.
It was prosecution's case that when Vivekanandan was project director of Tamil Nadu State AIDS Control Society in the cadre of secretary, his son collected 1.3 crore from 10 people with the help of Ganapathi. Kavin Vivek who is the prime accused in the case even gave a receipt on a 20 non- judicial stamp paper acknowledging receipt of the money. However, when pressed for job or refund, he took away the original papers from Ganapathy by fraudulent means. Ganapathy then lodged the present complaint.
The father-son duo's attempt to get the case quashed failed when Justice Prakash dismissed their pleas on July 28, 2015. Later, without disclosing the dismissal, they filed a similar petition before another judge, who rapped them and referred the matter back to Justice Prakash.
Justice Prakash said Thirumangalam police had utterly failed to weave a good case against the high profile accused and had not examined the stamp paper vendor, had not done spot verification of Ganapathy's claims and did not compare signatures of Kavin Vivek. He then quashed the chargesheet filed against the father-son duo by Thirumangalam police, and handed over the case to CBI for re-investigation.