JUSTICE V.JAGANNATHAN J. - (1.)THE petitioner, a senior advocate, former Advocate General of the State and the Special Public Prosecutor in the case involving the Chief Minister of Tamil Nadu and presently a member of the Law Commission of India, is before this court calling in question the order of the Special Judge under the Prevention of Corruption Act referring the complaint of R -1 to the Superintendent of Police for investigation under Section 156(3) of the Cr.P.C. R -1 filed the complaint on 7.3.2012 against five persons including the petitioner and alleged in the complaint thus: It was contended in the complaint that the complainant was the author and trustee of a public charitable trust called "Smt. Lakshmamma B.M. Sreenivasaiah Charities" and the trust was a registered trust and came into existence on 14.12.1995. It was also averred in the complaint that the trust was founded as per the will of late B.S. Narayan, son of late B.M. Sreenivasaiah and as per the trust deed, the complainant and one Sathyanarayana Swamy were appointed as the first two trustees apart from three other trustees being there.
(2.)IN the year 1946, B.M. Sreenivasaiah College of Engineering came into being and in course of time, many others joined as trustees and the said B.M.S. College of Engineering started functioning with the financial assistance and aid from the Government of Mysore. The Government of Karnataka later on provided financial assistance of Rs. 1,00,000/ - as loan to establish the B.M.S. College of Engineering. After referring to the financial assistance received from the Government during various periods, it was averred in the complaint that the Government notification appointing one Mr. M.R. Srinivasa Murthy as the donor trustee in place of deceased Narayan was questioned by Smt. Ragini Narayan, wife of B.S. Narayan, and that led to a suit being filed in O.S. No. 2680/2000 by Smt. Ragini Narayan, the third accused in the present complaint.
Thereafter, after the judgment of the civil court decreeing the suit of the plaintiff, aforesaid Ragini Narayan, the donor trustee, appointed the petitioner herein and two others viz., Vijay Gore and Dr. P. Dayananda Pai, as member trustees. It is then contended in the complaint that the council of trustees of the B.M.S. Educational Trust, in the meeting held on 19.7.2010, enhanced the monthly remuneration from Rs. 1,00,000/ - to Rs. 2,00,000/ -, though the amount initially was only Rs. 10,000/ - per month and the complainant also refers to the various benefits conferred on the trustees as well as the Chairman, like purchase of Toyota and Innova car and the payment made to trustees also being very high, the bank balance under F.D. head coming down.

(3.)THE complaint also mentions that huge sums of money were being collected as donation from the students overlooking the merit candidates and the trustees, therefore, are answerable for the excess expenditure incurred and the petitioner herein, being the Chairman of the trust, is also answerable for the unaccounted donations and for misappropriating the funds in the name of developmental activities. It was also alleged in the complaint that as the accused persons come within the meaning of 'public servant' the offences under the P.C. Act also get attracted against them.