Chennai: In a significant relief to senior IPS officer Ashish Rawat, the Madurai Bench of the Madras High Court has set aside an order of the Principal Sessions Court, Thanjavur, which had directed the Directorate of Vigilance and Anti-Corruption (DVAC) to register an FIR and investigate allegations against him. The High Court also quashed all connected proceedings arising from the complaint.
Justice B. Pugalendhi observed that the Sessions Court had entertained the complaint in a casual and mechanical manner without complying with the legal safeguards available to public servants under the law.
Complaint Alleged Misuse of Office and Financial Irregularities
The case originated from a complaint filed by advocate T.S. Karthikeyan before the Principal Sessions Court, Thanjavur, against Ashish Rawat, who was serving as Superintendent of Police, Thanjavur, at the relevant time.
The complainant sought directions to the Directorate of Vigilance and Anti-Corruption (DVAC) to register a criminal case and conduct an investigation into alleged acts of corruption and misuse of official position by the IPS officer.
According to the complaint, Rawat allegedly:
- Misused his official position for personal gain.
- Cut and removed teak trees worth several crores of rupees without obtaining prior permission from the State Government or the Forest Department.
- Misappropriated funds amounting to several crores from the account of a police welfare society.
- Undertook construction activities without obtaining the required approvals.
Based on the complaint, the Principal Sessions Judge directed the DVAC to register an FIR and submit a final report after investigation.
DVAC and State Government Challenged the Order
The DVAC and the State Government subsequently approached the Madras High Court challenging the Sessions Court’s order.
The petitioners argued that the lower court had failed to follow the mandatory legal procedure before directing the registration of an FIR against a public servant and had passed the order without adequate scrutiny of the allegations and supporting materials.
High Court Finds Sessions Court Acted Mechanically
While hearing the matter, Justice B. Pugalendhi emphasized that courts cannot direct registration of FIRs and investigations under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in a routine or mechanical manner.
The High Court observed that the Sessions Judge had entertained the complaint without properly examining the materials relied upon by the complainant.
The court further noted that the order was passed on the very first date of hearing without giving the public servant an opportunity to be heard and without ensuring compliance with statutory safeguards.
Protection Available to Public Servants Ignored
The High Court highlighted that the law provides specific protections to public servants facing corruption allegations.
Justice Pugalendhi pointed out that:
- Section 17A of the Prevention of Corruption Act provides safeguards before initiating investigations against public servants for decisions taken in the discharge of official duties.
- Section 175(4) of the BNSS also contains procedural protections that must be complied with before proceeding against government officials.
The court observed that these statutory requirements had not been followed by the Sessions Court before issuing directions against the IPS officer.
Proceedings and Inspection Committee Also Quashed
Apart from setting aside the order directing registration of an FIR, the High Court also quashed the connected proceedings through which a committee had been constituted to inspect the alleged place of occurrence.
The court clarified that the law authorizes the Magistrate concerned to undertake local inspection when required and does not permit the appointment of an external committee for such purposes.
Justice Pugalendhi held that the lower court had exceeded its authority by delegating inspection powers to a committee.
Who is Ashish Rawat?
Ashish Rawat is a 2014-batch Indian Police Service officer of the Tamil Nadu cadre.
Early Life and Education
- Date of Birth: August 26, 1989
- Native State: Uttarakhand
- Educational Qualification: Bachelor of Technology (B.Tech)
- Joined IPS: December 22, 2014
- Recruitment Mode: Direct Recruit through the UPSC Civil Services Examination
Career Profile
Over the years, Ashish Rawat has held several important policing assignments in Tamil Nadu and earned recognition for his administrative capabilities.
He currently serves as:
- Superintendent of Police, Economic Offences Wing (EOW), CID, Tamil Nadu
The Economic Offences Wing investigates major financial frauds, economic crimes and cheating cases involving public interest.
Significant Relief for the IPS Officer
The High Court’s ruling is being viewed as a significant relief for Ashish Rawat, as it not only sets aside the order directing a criminal investigation but also reinforces the legal principle that courts must exercise caution and follow due process before ordering criminal proceedings against public servants.
The judgment reiterates the importance of statutory safeguards under the Prevention of Corruption Act and the BNSS while dealing with complaints against serving government officials.
