Jaffer Sait IPS, former ADGP Intelligence, and presently ADGP, Tamil Nadu Police Academy, is due for promotion. He is trying very hard to replace TK.Rajendran IPS, who is about to be called for interrogation in the Gutkha Scam.
Jaffer Sait, IPS is involved in the housing scam, for having fraudulently obtained a prime plot in Thiruvanmiyur under “discretionary quota”. The DVAC has filed a charge sheet in this regard too and the same is pending.
However, Chief Secretary Girija Vaidhyanathan and ADGP Welfare Thamarai Kannan are trying very hard to push for Jaffer’s elevation. The complainant in the DVAC case, has sent a representation to the Chief Secretary, Home Secretary, Vigilance Commissioner and the Director of Vigilance and Anti-Corruption to stall Jaffer’s promotion.
The representation runs as follows :
I filed a complaint to the Chief Secretary of Government of Tamil Nadu that Thiru.M.S.Jaffer Sait, IPS, formerly, Additional DGP, Intelligence Wing, Tamil Nadu had entered into a criminal conspiracy with others and illegally obtained a housing plot from the Tamil Nadu Housing Board. Following the complaint, the Directorate of Vigilance and Anti-Corruption (DVAC) registered a case in Cr. No. 7/AC/2012/CC.I, and took up investigation. After completion of investigation DVAC sought sanction for prosecution to the Ministry of Home Affairs, through the Tamil Nadu Home Department and sought sanction to prosecute Thiru.Jaffer Sait, IPS, under Section 19 (1) (a) of the Prevention of Corruption, 1988 in the month of August 2012. But, the Ministry of Home Affairs refused to accord sanction.
2) The DVAC, based on a Supreme Court judgment, filed charge sheet against Thiru.Jaffer Sait and his wife Tmt.Parveen Jaffer in the competent court. The Court took the charge sheet on file in CC No. 25 of 2013, and issued summons to both A.1 Jaffer Sait and A.2 Parveen Jaffer.
3) The DVAC challenged the refusal of grant of Sanction by the Ministry of Home Affairs before the Madras High Court and the same is pending. Tr.Jaffer Sait and Tmt.Parveen Jaffer challenged the summons issued by the Trial Court in the Madras High Court in W.P.Nos.28798 of 2013 and 28799 of 2013 and the same is pending and the High Court stayed the conduct of trial.
4) On 6 August 2014, the Home Department issued a charge memo to Thiru.Jaffer Sait and the same is pending.
5) It is reliably learnt that Thiru.Jaffer Sait, is about to be promoted as Director General of Police.
6) I would like to invite your attention to C.O. Arumugam And Ors. vs State Of Tamil Nadu And Ors, 1991 Supp (2) SCC 199 where in it is stated as follows :
“As to the merits of the matter, it is necessary to state that every civil servant has a right to have his case considered for promotion according to his turn and it is a guarantee flowing from Article 14 and 16(1) of the Constitution. The consideration of promotion could be postponed only on reasonable grounds. To avoid arbitrariness, it would be better to follow certain uniform principle. The promotion of persons against whom charge has been framed in the disciplinary proceedings or charge-sheet has been filed in criminal case may be deferred till the proceedings are concluded. They must, however, be considered for promotion if they are exonerated or acquitted from the charges. If found suitable, they shall then be given the promotion with retrospective effect from the date on which their juniors were promoted.”
7) Promoting an officer when a criminal trial is pending and departmental disciplinary proceedings are pending, would be against rules and Supreme Court Judgment.
8) I hope you would not drive me to seek justice from the Hon’ble High Court of Madras for issuance of appropriate WRIT against you.