Chennai: Pointing out that the tax payers money spent on beautification and for other facilities for construction of new secretariat has become a national waste, Madras high court on Monday said the power under the Constitution are provided to the administrators only to protect the tax payers money and spend the same judiciously and for the welfare of the people at large and following the procedures contemplated under the Statutes as the State is the custodian.
Justice S.M. Subramaniam made the observations while dismissing as withdrawn the petitions filed by DMK president M.K. Stalin and DMK Treasurer Durai Murugan, challenging the appointment of Justice R. Regupathy Commission of Inquiry, to probe into the alleged irregularities in the construction of new secretariat by the DMK government.
In view of the fact that the Commission of Inquiry was already wound up and the chairman demitted his office, no further consideration needs to be undertaken in these petitions, the judge added.
“The government is not only responsible, but also accountable. Any unlawful loss caused in respect of the tax payers’ money will not only be questioned and actions are to be initiated and the persons liable are to be certainly prosecuted under the Penal Laws. The Advocate General informed this court that the files had already been sent to the Director of Vigilance and Anti-Corruption department, for scrutiny and to initiate all further actions. Necessary orders were also passed. Thus, any further actions must be taken without any undue delay on the part of the authorities concerned,” the judge added.
The judge said a building for new secretariat was constructed by spending the tax payers’ money to the tune of about Rs 400 crore. However, the government took the decision not to use the building for new secretariat and converted the same as multi-specialty hospital. The tax payers’ money spent on beautification and for other facilities for construction of new secretariat became a national waste.
Even for conversion of the new secretariat building to a specialty hospital a few crore rupees were spent by the state. However, in respect of the conversions of building, the decision of the government was upheld by the court. Thus, no further actions were required regarding conversion, the judge added.
The judge said the petitioners have challenged the Commission of Inquiry appointed to go into certain allegations regarding the construction of new secretariat building. The commission of inquiry was appointed and it was non-functional for about three years. The commission also spent about Rs 4.5 crore and the reports were not submitted even at the time when the petitions were heard by this court. Ultimately nearly about Rs 5 crore were spent for the inquiry commission.
However, nothing became useful for the welfare of the state as well as in the interest of the public at large, in respect of construction of new secretariat building and the allegations of corruption, substandard materials and related issues were not even concluded till today.
“This court is of the considered opinion that once the elected government started functioning and governing the state, their action, policy decision and expenditure must be beyond its political ideologies and beyond any pale of doubt. All such expenditures must be only in accordance with constitutional principles and in interest of the public at large,” the bench added.
