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2022 (10) TMI 1178 - MADRAS HIGH COURTMoney Laundering - cheating against gullible job seekers - recipients of money from the complainants and other individuals, on the promise of obtaining them Government jobs as Drivers, Conductors and Technicians in the State Transport Corporation - getting money from unlawful sources given for unlawful consideration - HELD THAT:- Having gone through the records of the case available with this Court it appears that irregularities have been committed in the matter of recruitment of candidates at Tamil Nadu State Transport Corporation during the period 2014-2015, at the relevant period of time one of the accused Mr.V.Senthil Balaji for the State Transport Corporation Minister at AIADMK Cabinet, now functioning as Tamil Nadu State Minister for Electricity, Prohibition and Excise, other accused are his brother, personal assistant and other State Transport Corporation officials and their associates, thus it is alleged as a cash-for-job scam in recruitment and appointment at the State Transport Corporation. The undisputed fact is that all the criminal cases in FIR No.441 of 2015 (C.C.No.24 of 2021), FIR No.298 of 2017(C.C.No.19 of 2020), FIR No.344 of 2018 (C.C.No.25 of 2021) are inter connected with same recruitment irregularities in the appointment at State Transport Corporations during the year 2014 - 2015 and all the criminal cases involved in cash-for-job scam. My attention at this juncture was drawn by learned Senior Counsel for the petitioner in Crl. O.P. No.15122 of 2021 to the order of the Hon’ble Supreme Court in Crl.A.No.1514 of 2022 (Special Leave Petition (Crl.) No.1354 of 2022) P.Dharmaraj Vs. Shanmugam & Ors. [2022 (9) TMI 1470 - SUPREME COURT] wherein, the Hon’ble Supreme Court set aside the order of quashing the criminal case in C.C.No.25 of 2021 by this Court order dated 30.07.2021 in Crl. O.P. No.13374 of 2021 filed by Mr.Shanmugam (A3) in C.C.No.25 of 202 -. Further held that the remaining two criminal cases i.e. C.C.No.19 of 2020 and C.C.No.24 of 2021 are also with corruption allegation and all criminal complaints arose out of the very same cash-for-job scam as a matter of fact the State ought to have undertaken a comprehensive investigation into the entire scam. The reinvestigation to be started abinitio wiping out the earlier investigation altogether and to collect fresh evidence and material in the above criminal cases. Hence, the Crl. O.P. No.15122 of 2021 in C.C.No.24 of 2021 for de-novo investigation along with C.C.No.19 of 2021 allowed - it is directed the investigation should be conducted ab-initio comprehensively without reference to the earlier investigation on record covering all the aspects in relation C.C.No.19 of 2020 and C.C.No.24 of 2021 including whether the offence under Prevention of Corruption Act, 1988 are made out against the accused. The special Court before which C.C.No.19 of 2020 and C.C.No.24 of 2021 are pending will be at liberty to exercise power under Section 216 Cr.P.C, if there is any reluctance on the part of the State/investigating Officer. Further, on completion of investigation, if the investigating agency makes out a case for cognizance of offence against the accused then the investigating agency of the predicate offence shall provide the relevant materials/documents to the Directorate of Enforcement so as to enable it to invoke its jurisdiction to commence its enquiry under the P.M.L Act thereafter. Application disposed off.
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