Court Directs Vigilance Department to Expedite Investigation into Alleged Corruption Involving High-Ranking Officials
In a significant ruling, the Madras High Court has directed the Vigilance Department to immediately register a First Information Report (FIR) and conduct a thorough investigation into a large-scale recruitment scam in the Municipal Administration and Water Supply (MAWS) Department. The judgment was delivered on February 20, 2026, by a Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, in response to a writ petition filed by a Member of Parliament.
The case revolves around allegations of serious corruption and malpractice in the recruitment of 2,538 posts, including Assistant Engineers and Junior Engineers, where illegal gratifications ranging from Rs. 25 lakh to Rs. 35 lakh per post were reportedly involved. The Enforcement Directorate (ED) uncovered incriminating evidence during a search at the residence of an individual linked to the department's sitting Minister, which was shared with the state police under Section 66(2) of the Prevention of Money Laundering Act, 2002.
Despite the substantial evidence provided by the ED, the state police had delayed registering an FIR, citing the need for a preliminary inquiry. The court, however, dismissed this rationale, emphasizing that the information shared by the ED was sufficient to warrant immediate registration of a case. The court highlighted the Supreme Court's ruling in Lalita Kumari v. Government of U.P., which mandates the registration of an FIR when information discloses the commission of a cognizable offence without delay.
The court criticized the state's inaction and expressed concerns over potential shielding of influential individuals involved in the scam. It underscored that the delay in registration could lead to the destruction of crucial evidence, which would be detrimental to justice. The court also noted that the Vigilance Department had been tasked with the preliminary inquiry but had not made significant progress in the 3½ months since receiving the ED's report.
Given the seriousness of the allegations and the involvement of high-ranking officials, the court deemed it necessary for the Vigilance Department to take immediate action. The court's directive to register an FIR and conduct a detailed investigation aims to ensure accountability and transparency in addressing the alleged corruption.
The ruling dismissed the public interest litigation filed by another petitioner with criminal antecedents, citing lack of bona fides, but allowed the writ petition by the Member of Parliament, recognizing the broader public interest in addressing the alleged large-scale recruitment scam.
Bottom Line:
Registration of FIR is mandatory under Section 154 of the Code when information discloses commission of a cognizable offence, and preliminary inquiry is not a condition precedent for such registration.
Statutory provision(s):
- Criminal Procedure Code, 1973 Section 154
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 173(3)
- Prevention of Money Laundering Act, 2002 Section 66(2)
K. Athinarayanan v. State, (Madras)(DB) : Law Finder Doc id # 2856600
