WP Crl./1298/2025 of R.DHARMARAJ Vs The Vigilance Commissioner
W.P.Crl.No.1298 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 25.02.2026
PRONOUNCED ON: 09.04.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.Crl.No.1298 of 2025
R.Dharmaraj ... Petitioner
vs.
1.The Vigilance Commissioner,
Vigilance and Anti-Corruption,
Secretariat, Chennai-600 009.
2.The Director,
Directorate of Vigilance and Anti-Corruption (DV AC),
Alandur,
Chennai-600 016.
3.The Superintendent of Police,
Chennai City Range,
Vigilance and Anti Corruption,
Chennai-600 016.
4.The Secretary to Government,
Backward Class and Most Backward Class,
Minorities Welfare Department,
Secretariat,
Chennai-600009.
5.Mr.R.Ramana Gopal,
Deputy Director,
Directorate of Backward Class Welfare Department,
Chepauk, Ezhilagam,
Chennai-600005.
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W.P.Crl.No.1298 of 2025
6.Mr.G.H.Syed Abdul Pari,
Personal Assistant,
Directorate of Backward Class Welfare Department,
Chepauk, Ezhilagam,
Chennai-600005.
7.M.P.Vasanth,
Superintendent,
Directorate of Backward Class Welfare Department,
Chepauk, Ezhilagam,
Chennai-600005. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue Writ or Order or Director and more particularly in the nature
of Writ of Mandamus directing the respondents Nos.1 to 3 to conduct proper
enquiry upon the petitioner’s complaint dated 08.10.2025 and appropriate
action against respondents Nos.5 to 7 in relation to the alleged br ibery,
within a reasonable time.
For Petitioner : Mr.A.Ramesh
For R1 to R4 : Mr.S.Udaya Kumar,
Government Advocate (Crl. Side)
ORDER
The petitioner sent a representation dated 08.10.2025 to the
respondents 1 to 3 to conduct enquiry and to take action against the
respondents 5 to 7 in relation to alleged bribery, within a r easonable time.
Since no action was taken, the petitioner filed the present Writ Petition.
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W.P.Crl.No.1298 of 2025
2.Learned counsel for the petitioner submitted that during the year
2020, an application called for to fill up the post of Cook under the
reservation of disability of Government Backward Class Hostel in A riyalur
District. The petitioner applied for the said post, thereafter , on 12.11.2020
he appeared for the interview and secured 78.33% marks and selected for the
said post. Out of the 10 persons selected, the appointment order not issued
to the petitioner and two others, hence, the petitioner filed W.P. No.31658 of
2022 and this Court by order dated 28.11.2022 directed the authorities to
consider the petitioner’s application within a period of six weeks. Along
with the copy of the order of the Court, on 10.01.2023 the petitioner sought
for an appointment order by sending representation to the Director of
Backward Classes Welfare, Chennai. Since there was no response, the
petitioner in March 2024 went to the Headquarters (Ezhilagam) where he
met the Deputy Director, Directorate of the Backward Classes Welfare
Department, at that time, his Personal Assistant and the Office
Superintendent were also present. They informed the petitioner that
personal interview will not be sufficient for issuance of appointment order
and demanded bribe of Rs.6,00,000/-, otherwise the appointment order will
not be issued. To somehow get the job on 07.03.2024, the petitioner took
loan of Rs.1,00,000/- and handed over the amount to the 7 th respondent in
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W.P.Crl.No.1298 of 2025
the office canteen. When the 7th respondent demand the balance amount, the
petitioner informed that after the parliamentary election, he w ill be able to
get some more money and pay the amount. On 15.10.2024, the petitioner
and 6 candidates were asked to produce the original certificates on
21.10.2025. The 7 th respondent verified the documents, at that time,
Rs.50,000/- earlier received was sent back by way of Gpay to the
petitioner’s account. The 7 th respondent on 29.10.2025 informed the
petitioner that unless the entire amount is paid, he will get the em ployment.
Further, the other persons whose appointments earlier withheld now given
appointment orders. On enquiry, those candidates confirmed that they pai d
bribe amount. Due to non payment of bribe amount, appointment order not
issued to the petitioner. But the respondents 5 to 7 questioned the disa bility
certificate of the petitioner and sent a communication to the petitioner in this
regard. The petitioner lodged a complaint to the Superintendent of Poli ce,
Ariyalur who conducted enquiry and confirmed the disabled certificat e is
genuine. The respondents 5 to 7 for non payment of bribe, not issued the
appointment order and they made unwanted and unnecessary objections.
Earlier on 11.08.2025, a complaint was sent to the Secretary, Backwar d
Class and Most Backward Class, Minority Welfare Department, Chenna i
which was forwarded to the Directorate of Backward Class We lfare
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W.P.Crl.No.1298 of 2025
Department, Chennai and asked for report but no report filed so far. In view
of the above, this Court may issue a direction to the respondents 1 to 3 to
conduct enquiry, register a case and to take action against the responde nts 5
to 7.
3.Learned Government Advocate (Crl. Side) appearing for the
respondents 1 to 4 filed counter and submitted that a complaint sent by the
petitioner to the Directorate of Vigilance and Anti Corruption c onsidered.
Since the allegations levelled against the officials were general in nature and
required verification of document by the concerned Department and it is the
responsibility of the Head of the Department/competent authority to act on
such petition, the petition in original was sent to the Commissioner,
Backward Classes and Minority Welfare, Chepauk, Chennai following the
instructions given in Govt.Memo No.1356/64/2, Public (Services-B) dated
08.04.1964. Thereafter, letter received from the Commissioner, Departm ent
of Backward Classes and Minority Welfare, Chennai vide
Lr.No.A2/108/2025-1 dated 14.01.2026 along with the enquiry report which
was conducted by the Deputy Director, Department of Most Backward Class
and Scheduled Castes, Chennai who reported that the petitioner failed to
appear before the Medical Board, Thanjavur Medical College to prove tha t
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W.P.Crl.No.1298 of 2025
he is differently abled person and further finding his certificate earlier
submitted is not an authentic one. The petitioner was in the habi t of sending
complaints in his own name and in the name of others against higher
officials without supporting materials, thereby tarnishing their reputation and
the Department. The petitioner, without making any attempt to establish that
he is a differently abled person, is frequently sending baseless petit ions to
various authorities.
4.He submitted the report of the enquiry officer/Deputy Director,
Most Backward Class and Minority Welfare Department, dated 30.12.2025
confirmed that the petitioner called for enquiry which he attended and the
respondents 5 to 7 were also enquired. The enquiry officer found that the
petitioner submitted a physically disabled person ID No.12265 dated
09.06.2014 and after its verification on 21.10.2024, the petitioner failed to
produce the physically disabled certificate. Thereafter, communic ation sent
to the petitioner and to the Government Hospital, Ariyalur on 26.11.2024 t o
confirm the disability of the petitioner. A reminder was sent on 23.12.2024.
Thereafter, notice was issued to the petitioner for his appearance before the
Medical Board in the Government Hospital, Ariyalur and directed the
petitioner to produce the disability certificate issued by the Medical Board of
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W.P.Crl.No.1298 of 2025
Perambalur Hospital. On 12.03.2025, the petitioner appeared before the
Medical Board, Ariyalur Government Hospital. Since there was var iation in
the percentage of the disability, the petitioner advised to take MRI sc an with
regard to the fracture and disability. Since the Professor of Ortho pedic
Department was vacant in Ariyalur Government Hospital, the petiti oner was
directed to appear before the Medical Board, Thanjavur Government
Hospital on 19.03.2025. In the meanwhile, the Directorate also receive d a
letter dated 16.04.2025 from Ariyalur Government Hospital informing that
the certificate was not issued by them and the signature is not of t he Medical
Board Doctors. Since the petitioner was unable to produce valid disabil ity
certificate, appointment order for the post of Cook could not be issued.
Thereafter, the petitioner made complaint against the respondents 5 t o 7
complaining Rs.50,000/- sent from one Sagadevan on 21.07.2024 to the
petitioner. The 7 th respondent enquired on 19.05.2025, the 6 th respondent
enquired on 26.05.2025 and the 5 th respondent enquired on 29.12.2025, all
denied the allegations made by the petitioner. The petitioner not appe ared
before the Medical Board, Thanjavur Medical College and Hospital and not
submitted the disabled certificate. On the other hand, the peti tioner sent
various complaints against the Government official in his own name and in
the name of others making baseless allegations.
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5.He further submitted that the petitioner failed to prove that he is a
physically disabled person with such percentage as claimed by him. The
petitioner appeared on 09.05.2025 and gave the statement that there was no
demand by the respondents 5 and 6 and he has not paid any amount to them .
The complaint in the name of R.Ramasamy Saiva Vellalar, Jayankondam
and R.Rajendran, Kazhuvanthondi, Udayarpalayam and others, which were
similar in nature, were received. The address and mobile number given by
R.Ramasamy, R.Rajendran verified and found to be not correct and t hey
were unable to be contacted. Considering all these aspects, the enquir y
officer closed the petitioner’s complaint.
6.He further submitted that the petitioner earlier filed W.P.No.31658
of 2022 and this Court by order dated 28.11.2022 granted 12 weeks time to
consider the petitioner’s representation dated 20.10.2022, thereafter, the
Commissioner, Backward Class and Minority Welfare Department in
Se.Mu.No.B4/323/2024 dated 13.11.2025 passed an order that the petitioner
failed to appear and cooperate with the enquiry and also faile d to produce
medical certificate, hence, no further action recorded and the petitioner’s
representation closed. The petitioner filed a contempt petition i n
Cont.P.No.3104 of 2025 for not taking action pursuant to the order passed in
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W.P.Crl.No.1298 of 2025
W.P.No.31658 of 2022 dated 28.11.2022. This Court on 14.11.2025 finding
that order passed on the petitioner’s representation and there is no contempt,
observed that the petitioner is at liberty to take further rec ourse as per law if
he is aggrieved. Thereafter, petitioner filed W.P.No.2741 of 2023
challenging the order dated 13.11.2025 in Se.Mu.No.B4/323/2024 and this
Court had set aside the order and directed the Commissioner, Directora te of
the Backward Class and Welfare Minority, Chepauk to consider the
petitioner’s representation after he appears before the Dean, Gover nment
Medical College and Hospital, Thanjavur on 16.02.2026 and obtaining the
disability certificate.
7.Today learned Government Advocate (Crl. Side) produced the
disability certificate issued by the Dean, Thanjavur Medical Coll ege and
Hospital confirming that the petitioner’s disability is 21%. Afte r receipt of
the disability certificate, the petitioner’s representation wil l be considered as
per the order of this Court in W.P.No.2741 of 2026, dated 02.02.2026.
8.Considering the submissions and on perusal of the materials, it is
seen that during the year 2020, an application called for to fill up the post of
Cook under the reservation of disability of Government Backward Class
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W.P.Crl.No.1298 of 2025
Hostel in Ariyalur District. The petitioner applied for the said post,
thereafter, on 12.11.2020 he appeared for the interview and secured 78.33%
marks and selected for the said post. Thereafter, the petitione r was directed
to produce the disability certificate. The petitioner had two di sability
certificates, one issued by the Medical Board, Perambalur and one by
Ariyalur. There was variations in the percentage of the disabilit y. Further, a
communication was received from Ariyalur Government Hospital that the
certificate was not issued by them. Further, the MRI scan has to be taken to
confirm the disability. Since the Professor of Orthopedic Department was
vacant in Ariyalur Government Hospital, the petitioner was directed to
appear before the Medical Board, Thanjavur Government Hospital on
19.03.2025. The petitioner not appeared before Medical Board, Thanjavur
Government Hospital instead he has been sending representations to the
various authorities including the Directorate of Vigilance and Anti
Corruption. The Director, Vigilance and Anti Corruption forwarded the
same to the Commissioner, Backward Classes and Minorities Welfare ,
Chepauk, Chennai who had nominated the Deputy Director, Department of
Most Backward Class and Scheduled Castes, Chennai as Enquiry Officer .
The enquiry officer conducted enquiry and submitted a report dated
30.12.2025 and found that the allegations made against the respondents 5 to
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7 are not sustainable.
9.In the meanwhile, despite the petitioner obtained an order in
W.P.No.31658 of 2022 dated 28.11.2022 to consider the petitioner’s
representation dated 20.10.2022. The Commissioner, Backward Class and
Minority Welfare Department in Se.Mu.No.B4/323/2024 dated 13.11.2025
passed an order stating that the petitioner failed to appear and cooperate with
the enquiry and also failed to produce the medical certificate, hence, further
action could not be taken on petitioner’s representation and closed the same.
Against which the petitioner filed W.P.No.2741 of 2026 and this Court by
order dated 02.02.2026 had set aside the proceedings dated 13.11.2025 and
directed the petitioner to appear before Thanjavur Medical College on
16.02.2026. Now the petitioner appeared and received the disability
certificate. The petitioner, instead of appearing before the Medi cal Board,
approached this Court by filing one petition or another, whatever may be the
reason. Now the enquiry conducted, closed and disability certificate issued
by the Medical Board, Thanjavur Medical College and Hospital. As r egards
the allegation of bribery against respondents 5 to 7, it is found that the
complaint of the petitioner is not sustainable. The enquiry conducted by the
Deputy Director, Department of Most Backward Class and Scheduled
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W.P.Crl.No.1298 of 2025
Castes, Chennai is a detailed one and this Court finds no reason to doubt the
same.
10.In view of the above, this Court finds no merit consideration in this
petition. Accordingly, this Writ Petition Criminal stands dismissed.
09.04.2026
Index: Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation: Yes/No
vv2
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W.P.Crl.No.1298 of 2025
To
1.The Vigilance Commissioner,
Vigilance and Anti-Corruption,
Secretariat, Chennai-600 009.
2.The Director,
Directorate of Vigilance and Anti-Corruption (DV AC),
Alandur,
Chennai-600 016.
3.The Superintendent of Police,
Chennai City Range,
Vigilance and Anti Corruption,
Chennai-600 016.
4.The Secretary to Government,
Backward Class and Most Backward Class,
Minorities Welfare Department,
Secretariat,
Chennai-600009.
5.The Public Prosecutor,
Madras High Court.
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W.P.Crl.No.1298 of 2025
M.NIRMAL KUMAR, J.
vv2
PRE-DELIVERY ORDER IN
W.P.Crl.No.1298 of 2025
09.04.2026
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