Chennai: Setting aside a Tamil Nadu Government
order transferring the case of two staff of a private medical
college and hospital, the Madras High Court on Monday said "when
investigation was completed by the police, government certainly
can not have the power of referring the investigation to CBI."
The petitioners V Lakhsmi and T A Johnson, were employed as
Deputy Warden (ladies hostel) and Mainatenance Supervisor of
Sri Balaji Medical College and Hospital.
There was a criminal complaint with state police
alleging that they have induced a student promising admission
in the college and attempted to receive huge amounts. A case
was registered against them for the offence punishable under
Section 420 and Section 511 of Indian Penal code. Susequently
two were dismissed from service by the management.
Police filed chargesheet before the Judical Magistrate,
Tambaram and at the end of the trial, they were convicted by
Meanwhile the State Government transferred the case to CBI
by an order dated 25th June 2010 following which the
petitioners preferred petitions before the High Court
challenging a Tamil Nadu Government order dated 25th June 2010
transferring their case arbitrary and illegal.
The petitioners contended that once local police has
completed the investigation and filed its report before trial
Corut, the government could not transfer the case to CBIonly
drag the case further.
Allowing their writ petitions, Justice P Jyothimani said
"at the stage when the investigation was completed by the
police, the Goverenment certainly can not have the power of
referring the investigation to the CBI by giving consent under
Section 6 of Delhi Special Police Esatblishment Act 1946."
The Judge also pointed out that "when once investigation
completed, the jurisdiction vests with the judiciary and it is
for the Magistrate to pass judical order as per the powers
conferred under the Code of Criminal Procedure 1973 and not
for the Government to exercise its executive power for
transferring the investigation to the CBI, which would be
amount to reinvestigation of a matter which has been
judicially settled by a competent court of law.