[Cash-for-job scam case] Madras High Court refuses to discharge Tamil Nadu Minister Senthil Balaji

The Madras High Court on Monday refused to discharge Tamil Nadu Electricity Minister V Senthil Balaji from the cash-for-job scam case registered against him by the Enforcement Directorate (ED) following allegations of job racketing..Justice V Sivagnanam also directed the ED to conduct "de novo" or fresh investigation into two cases registered against the minister in the 'cash for job scam.'"A perusal of the final reports, it is seen that the investigating agency has acted with extraordinary dilatoriness, in the matter by not including the offences under the Prevention of Corruption of Act, in C.C.No.19 of 2020 and C.C.No.25 of 2021, a complaint against the accused is essentially receiving money for providing job. The investigating agency concerned did not act diligently in this matter," the Court held..Though the ED had completed its probe into all the cases and had filed chargesheets in all the cases in 2021, the High Court held that the central agency's investigation had failed to secure crucial forensic evidence. The Court also said that the ED's investigation into the alleged offences under the provisions of the Prevention of Money Laundering Act (PMLA) had suffered considerably due to multiple petitions and applications filed in several courts by Balaji and all other parties connected to the case.Justice Sivagnanam said that ED must conduct the investigation into the two cases anew and without reference to the earlier investigation on record. He also directed the central agency to determine whether the provisions of the Prevention of Corruption Act could be invoked against Balaji..In 2021, the ED had registered four cases in the cash for job scam and had named Balaji as an accused in all four of them. Two of these cases pertained to irregularities in the appointment of bus conductors in the state transport department and the other two were related to the appointment of drivers and junior engineers. All of these appointments were made during Balaji's tenure as Transport Minister in the AIADMK government between 2011 and 2015. Balaji had moved the High Court seeking that he be discharged from the two cases related to the appointment of drivers and junior engineers. The minister had claimed that he was a victim of "political malice," since he had defected from the AIADMK to the DMK. He had argued that he had nothing to do with the appointments, given that he was not an appointing authority, and that the appointment committee alone was empowered to appoint the eligible candidates who had participated in the interview process conducted by the State government..The Court however, held, "The present criminal cases, the investigation has significantly suffered for not getting Forensic Document Analysis report with regard to registers used for entering the interview marks besides suffered due to peace meal and disruptive approach of the investigating agencies. The investigation has most importantly suffered due to multiple petition filed before this High Court and further investigations at the instance of different parties at different stages." Justice Sivagnanam was thus of the view that reinvestigation must be started "ab initio wiping out the earlier investigation altogether and to collect fresh evidence and material in the above criminal cases.".Senior Advocate S Prabhakaran and Advocate N Bharanikumar appeared for Balaji, while Additional Public Prosecutor R Raj Thilak and Advocates T Mohan and Rameemudeen appeared for the respondents.Senior Advocate Sriram Panchu and Advocate Priyanka Dorothy Varma, and Senior Advocate K Sukumaran along with Advocate Chelladurai Caldwell represented the other petitioners..[Read judgment]