Chennai: The Madras High Court Friday
ordered issue of notice to the state government on a petition
by suspended IAS officer C Umashankar, facing charges of
stashing disproportionate wealth, challenging the Manual of
the Directorate of Vigilance and Anti-Corruption (DVAC).
Umashankar, who was suspended on the charge of
producing a false community certificate to claim SC quota
during his civil services selection, has moved the Court to
quash the Manual under which the Directorate has initiated
inquiry proceedings against him.
Justice V Dhanapalan ordered notice to the Secretary,
Personnel and Administrative Reforms and the Director of DVAC.
The petition filed by Umashankar prayed for a
direction to the DVAC to investigate the case under the
Prevention of Corruption Act and the Code of Criminal
Procedure (CrPC). The interim prayer was to suspend the
operation of the Manual.
Umashankar, selected by the UPSC for appointment as an
IAS officer in August 1990 and allotted to Tamil Nadu cadre,
alleged that ever since his appointment in the state, he was
subjected to frequent transfers as he was honest and sincere
in his duties.
The DSP attached to the DVAC informed Umashankar on
May 6 that he was appointed as the officer to probe the charge
against him.
He filed a writ petition and Justice Dhanapalan
granted an interim stay last month and the matter was pending.
In its counter-affidavit, the government submitted
that it had directed the DVAC to hold a detailed inquiry
against Umashankar under the Manual of the DVAC.
Petitioner submitted that the Manual was only a
compilation of the orders passed by the government. It was
contrary to the provisions of the PCA and the CrPC.
The DVAC was not allowed to act independently and to
deal with the offences under the PCA. Unless the DVAC was
freed from the control of the executive the public interest
will suffer, it was contended.
In the interest of public, it should be ensured that
the cases arising out of PCA in the state were investigated
and dealt with by the DVAC without any Executive interference,
petitioner contended.
Umashankar, who was Director of Small Savings, was
replaced by A C Mohandoss consequent to the suspension.
PTI
