Madras High Court Orders CBI Probe After Litigant Produces "Suspicious" Notification Claiming He Is Additional Judge Of Punjab & Haryana HC

Justice B Pugalendhi of the Madurai bench directed the Superintendent to verify the genuineness of a notification dated 19.09.2021, which the litigant, Captain Dr VRC Pandiyan presented before the court saying that he had been appointed as an Additional Judge of the High Court of Punjab and Haryana. The court asked the Superintendent to take appropriate action against those responsible for fabrication of notification and to verify whether Pandiyan had availed any benefits out of the notification.

"The investigation officer shall ascertain the genuineness of the notification and proceed further in accordance with law, by taking appropriate action as against those who are responsible for fabrication of the alleged notification dated 19.09.2021. The investigation officer shall also verify as to whether the petitioner has availed any benefits out of this alleged notification dated 19.09.2021, in any quarter, at any point of time," the court said.

Pandiyan had approached the court to set aside an order of the The Chairman and Managing Director, Tamil Nadu Small Industries Development. He informed the court that he had been allotted a shed of 2000 sq.ft for his firm but had failed to pay the instalments which resulted in cancellation of the allotment order.

Later, Pandiyan had paid a sum of Rs.1,40,920 and requested the authorities to execute the sale deed by receiving the balance amount of Rs.1,25,000. He had also approached the High Court and the court had directed the authorities to consider his vase sympathetically. Thereafter, the authorities asked Pandiyan to pay a sum of Rs.11,25,372 as one time settlement which was challenged in the present petition.

Pandiyan had contended that he was a guinness record holder with a number of degrees and had the potential to run the unit successfully. He added that if sufficient opportunity and time was granted, he would be able to repay the amount.

The Standing Counsel for the Tamil Nadu Small Industrial Development Corporation Ltd on the other hand informed the court that Pandiyan was attempting to keep the matter pending for a long time without paying the amount. He added that Pandiyan had even intimated the authorities by sending representations to the Chief Secretary and to various other officials. He also showed an email sent by Pandiyan projected himself as a Judge of a High Court.

When the court attempted to verify this statement with Pandiyan, he stood by the stand and claimed it to be true. He also showed the notification allegedly issued by the Department of Justice, Ministry of Law and Order appointing him as Judicial Member Collegium with effect from 22.09.2021 to the Punjab and Haryana High Court, consequent upon the superannuation of Shri Justice Karamjit Singh, Judge of Punjab and Harayana High Court.

The court raised suspicion over this notification and observed that in the affidavit filed along with the plea, Pandiyan had claimed himself to be a practising advocate with 10 years of active practice in civil law.

Thus, the court opined that an investigation was necessary and suo moto impleaded the CBI. The court also directed the High Court registry to hand over Pandiyan's mobile phone along with the certificate under Section 65B to the investigation officer.

Counsel for the Petitioner: Mr.V.Pandiyan

Counsel for the Respondent: Mr.P.Subburaj, Special Government Pleader, Mr.T.Sakthi Kumaran Standing Counsel, Mr.K.Govindaraj, Deputy Solicitor General of India

Citation: 2023 LiveLaw (Mad) 336

Case Title: Capt.Dr.VRC.Pandiyan v. The Chairman and Managing Director and Others

Case No: WP(MD) No.10574 of 2014

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