The charge is that he has extorted Rs.2.85 crore from Paazee Group of Companies
The suspended Tamil Nadu Inspector-General of Police, Pramod Kumar, IPS, is only an employee of the Tamil Nadu Government. Hence, the Centre’s prior approval is not necessary to investigate a case against him, the Madras High Court has said.
In its order dismissing an appeal by Mr.Kumar, a Division Bench comprising Justices R.Banumathi and K.Ravichandrabaabu made it clear that having been allotted to Tamil Nadu, while serving in connection with the affairs of the State, he was only a State government employee and his services were covered under various rules.
The case against Mr.Kumar was that while working as the Inspector-General of Police, West Zone, Coimbatore, during 2008-09, he allegedly abused his official position and extorted Rs.2.85 crore from the Directors of Paazee Group of Companies assuring them that they need not repay any of the remaining depositors.
Originally, a case had been registered against one Paazee Forex Trading India Pvt Limited for collecting deposits from public and not making the repayments. Nearly 52,000 gullible depositors had been duped by the company. The case against the officer was investigated by the CBI.
Mr.Kumar filed a writ petition in the High Court stating that since he was an IPS officer, even though serving in Tamil Nadu, he was in the category of officer of the level of Joint Secretary.
Hence, it was mandatory to get the Centre’s permission to initiate investigation against him. Without obtaining permission, the CBI had proceeded with the investigation. He filed a writ petition. A single Judge dismissed it. Hence, he filed the present appeal.
The question before the Bench was whether the officer was a Central government employee at the level of Joint Secretary requiring Centre’s permission to investigate the case against him and whether the investigation was vitiated in view of the violation of the law.
The Bench observed that a reading of various rules would clearly show that the officer was a member of All India Service serving in connection with the affairs of the Tamil Nadu government.
The State government was the appropriate government in respect of such employees for all practicable purposes. He had been allotted to Tamil Nadu.
Mere empanelment of the officer for holding the IG’s post at the Centre did not confer any right of appointment on him.
He had not been appointed to the post at the Centre. So he could not claim he was an officer in the level of Joint Secretary level at the Centre, the Bench said.
He claims he was in category of officer of the level Joint Secretary Bench says officer a member of All India Service serving the State government
He claims he was in category of officer of the level Joint Secretary
Bench says officer a member of All India Service serving the State government