Display Ombudsman availability in all local bodies prominently: HC
Madurai:
Madras high court
recently directed the secretary of the municipal administration and water supply department to ensure that the availability of the Ombudsman is exhibited explicitly in all the offices of the local bodies, in a prominent manner.
Justice B Pugalendhi noted that the Ombudsman is the authority for conducting inquiries regarding charges of corruption, maladministration, or irregularities in the discharge of administrative functions by public servants working in the local bodies, as per the provisions of the Tamil Nadu Local Bodies Ombudsman Act.
"The Act was enacted with the intention of ensuring transparency in the affairs of the local bodies.
The truth or otherwise of the complaints would emerge only upon the conclusion of the inquiry. The Act itself provides a penalty for vexatious complaints. The Act is not only against the officers/officials of the local bodies but also against the elected members. Therefore, the avenue of the Ombudsman must be exhibited in all the offices of the local bodies, explicitly, enabling the public to avail themselves of the benefits available under the Act, by setting the law in motion," the judge observed.
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The court was hearing the petition filed by K Paunraj, who was then commissioner of Puliyangudi municipality in Tenkasi district. The petitioner challenged the interim order passed by the Ombudsman referring the complaints against him to the DVAC for a probe.
Paunraj's counsel submitted that the petitioner, as a commissioner, made certain efforts to collect property tax from the taxpayers. An association had huge tax arrears.
In order to evade tax, the association and a few other individuals made complaints before the Ombudsman. Without conducting a proper inquiry, the Ombudsman passed an interim order recommending the DVAC probe.
However, the counsel for the individuals submitted that the petitioner committed several irregularities, indulged in corrupt practices, and acquired several disproportionate assets. The counsel further submitted that the petitioner obtained a community certificate fraudulently as if he belonged to the scheduled caste community and got public employment.
Justice Pugalendhi observed that there is a pending cases against the petitioner for misappropriation of funds.
Certain major allegations have been made against the petitioner, such as corruption, amassing wealth, obtaining a community certificate fraudulently as if he belonged to the scheduled caste community, and getting public employment. The provisions of the Act enable the Ombudsman to utilise the services of any officer or investigation agency of the govt or any other state agency for the purpose of conducting the inquiry under this Act.
Therefore, the court cannot find fault with the order passed by the Ombudsman, the judge observed and dismissed the petition.
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