Madras High Court
M.Sulochana vs The State Represented By on 5 February, 2021
C.M.A.No.3397 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:05.02.2021
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.3397 of 2013
and
M.P.Nos.1 of 2013 and 1 of 2014
M.Sulochana,
U.G.Assistant.
.. Appellant
Vs.
The State represented by
The Deputy Director of Health Service,
Dr.G.Ragunathan,
Office of the Deputy Director of Health Services,
Erode. .. Respondent
PRAYER : Civil Miscellaneous Appeal is filed under Order 41 Rule 96 of
C.P.C and Section 11 of Criminal Law (Amendment) Ordinance 1994,
praying to set aside the order dated 16.04.2013 passed in Crl.M.P.No.1208 of
2010, on the file of the Principal District and Sessions Judge, Erode and
District by allowing the present appeal.
For Appellants : Mr.I.C.Vasudevan
For Respondents :Mr.Y.T.Aravind Gosh
Additional Government Pleader
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C.M.A.No.3397 of 2013
JUDGMENT
The appellant herein is the respondent in Crl.M.P.No.1208 of 2010
filed by the complainant seeking permission to attach the property of
appellant/respondent under Section 11 of Criminal Law (Amendment)
Ordinance 1994.
2. The respondent also contested the petition. After full enquiry, the
trial Judge allowed the application by attaching the property of the
respondent.
3. Aggrieved that order, the accused/respondent preferred this appeal.
4. The facts of the case as follows:
While the respondent was working as Upgraded Assistant at Primary
Health Centre, T.N.Palayam, Erode District, she was deputed to the Primary
Health Centre, Kasipalayam, Erode District, for the period from 01.04.1987
to 30.04.1997. While so, it was alleged that the internal audit party of the
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C.M.A.No.3397 of 2013
office of the Director of Public Health and Preventive Medicines found that
the appellant had indulged in misappropriation of Government money to the
tune of Rs.18,41,304/-. Immediately, she was placed under suspension.
Thereafter, disciplinary action also initiated under Rule 17(b) of Tamil Nadu
Civil Services. Apart from that, a criminal case was also registered by the
District Crime Branch, Erode, under Sections 409, 420, 477 and 477(A) of
IPC. During the pendency of the investigation, she deposited a sum of
Rs.7,13,074/- to the Government Account. But to recovery of the balance
amount, the investigation authorities advised to attach the properties, which
was purchased by utilising the misappropriated funds. In order to safeguard
the recovery dues, the complainant filed an application for attachment, which
was allowed by the trial Judge. But the accused contended that as per the
charge sheet filed by the police her involvement is restricted with amount of
Rs.8,578/- but already she remitted a sum of Rs.7,13,074/- to the Government
Account. Thereby, she raised objection to attach her valuable immovable
properties.
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C.M.A.No.3397 of 2013
5. As per the internal audit, the appellant indulged in misappropriation
of money to the tune of Rs.18,41,304/-. The trial Judge in order to safeguard
the recovery procedures made the attachment order absolute with regard to
the properties belong to this appellant. Aggrieved that she preferred this
appeal.
6. Point for consideration:
Whether the trial Court without appreciating the amount of
Rs.7,13,074/- remitted by the appellant to the Government account
erroneously ordered attachment over the properties ignoring the charge sheet
filed to the tune of Rs.8,578/-.?
7. It is admitted fact that based upon the internal audit report
investigation initiated against this appellant for misappropriation of the
amount of Rs.18,41,304/- said to be indulged, while she was working as an
Assistant in Primary Health Centre, Erode from the period 1987 - 1997.
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C.M.A.No.3397 of 2013
8. It is also admitted fact that she was placed immediately under
suspension and both criminal disciplinary proceedings were initiated against
her. According to this appellant, as per the charge sheet, the charge was
only for a sum of Rs.8,578/- but she already remitted a sum of Rs.4,13,074/-
to Government account. So, she preferred this appeal prayed to raise the
attachment over the properties for the reason that already excess amount was
remitted by her to the Government account.
9. By way of reply, the Additional Government Pleader submits that
only for the period of 1987 to 1992, the charge sheet filed before the trial
Court at the time of attachment, but now he trial was begun, part heard and
posted the matter on 15.02.2021 for further cross examination of witnesses.
So, as per the submission made by the learned Additional Government
Pleader, the trial in the case begun and part heard before the trial Court.
Admittedly, as per the internal audit, the amount of misappropriation with
regard to the accused/appellant comes around Rs.18,41,304/-. She remitted
only Rs.7,13,074/- and the recovery due is pending, subject to the outcome of
the verdict of the trial Court. Therefore, if the order of attachment is raised,
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C.M.A.No.3397 of 2013
the Government will be put to much hardship for the recovery process.
Therefore, the objection raised by the appellant with regard to attachment
over the property passed by the trial Judge is unsustainable one.
10. Considering all these facts, the Civil Miscellaneous Appeal is
dismissed as no merits. The order passed by the trial judge is confirmed.
No Costs. Consequently, connected Miscellaneous Petitions are closed.
05.02.2021
ub
Index : Yes/No
Speaking Order: Yes/No
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C.M.A.No.3397 of 2013
T.V.THAMILSELVI,J.
ub
C.M.A.No.3397 of 2013
05.02.2021
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