2020 (10) TMI 1261 - HC - VAT and Sales Tax

Offence of demanding and accepting the bribe amount - charges against the writ petitioner established beyond reasonable doubt or not - illegal gratification or not - case of the writ petitioner is a fair case for exoneration from the charges - HELD THAT - This Court has to endorse the fact that the judiciary also is not exempted from corrupt practices. The conscious of this Court would not permit, if this Court fails to mention the increasing corrupt practices in Judiciary Department as well as in Court premises. Justice requires equal treatment of all the citizen and consistency in the justice delivery system. Corrupt practices in the judicial system can never be tolerated. It is worser than that of the corruption in public departments. Judicial remedy being the last resort to the common man, effective, efficient and impartial judicial system inconsonance with the constitutional, philosophy and ethos are to be achieved. Building confidence in the minds of the citizen on the judiciary system is the constitutional mandate. Doubts in the minds of citizen will lead to destruction of the constitutional principles. Undoubtedly, judiciary has to strengthen its vigilance wing and the prevailing vigilance system in the judiciary is insufficient to crush the corrupt practices. The administrator must have a heart and spirit to take the issues in a right manner and attempts are to be made sincerely to develop an effective and efficient system. The charges against the writ petitioner are proved both before the Tribunal for Disciplinary Proceedings, Tirunelveli and the finding recorded by the Tribunal are considered by the respondents in their order and as such there is no infirmity or perversity in imposing punishment on the writ petitioner - Petition dismissed.

Summary

Issues Involved:
1. Allegation of demanding and accepting bribes.
2. Departmental Disciplinary Proceedings and Tribunal findings.
3. Evidence and testimonies supporting the charges.
4. Punishment imposed and its appropriateness.
5. Broader implications of corruption in public services and judiciary.

Detailed Analysis:

Allegation of Demanding and Accepting Bribes:
The writ petitioner, an Office Assistant in the Registration Department, faced allegations of demanding and accepting bribes. The charges included multiple instances where the petitioner allegedly received bribes on behalf of a Sub-Registrar for various services, such as building inspections and document registrations.

Departmental Disciplinary Proceedings and Tribunal Findings:
The Tribunal for Disciplinary Proceedings, Tirunelveli, conducted a trial and submitted its final enquiry report on 27.03.2007. The Tribunal framed three charges against the petitioner, detailing specific instances of bribe acceptance. The Tribunal's findings indicated that both the petitioner and the Sub-Registrar were involved in the bribery offenses.

Evidence and Testimonies Supporting the Charges:
The Tribunal's report and the testimonies of witnesses (PW.2, PW.3) provided substantial evidence against the petitioner. Witnesses testified that the petitioner received bribes on behalf of the Sub-Registrar and himself. For example, PW.2 testified about an instance on 06.11.2004 when the petitioner received ?500 on behalf of the Sub-Registrar. Similarly, PW.3 corroborated this by stating that the petitioner demanded and received bribes for document registration and inspection services.

Punishment Imposed and Its Appropriateness:
Based on the Tribunal's findings, the Disciplinary Authority initially removed the petitioner from service. Upon appeal, the punishment was modified to compulsory retirement. The court upheld this decision, stating that the charges against the petitioner were proven beyond reasonable doubt. The court emphasized that the punishment was appropriate given the severity of the corruption allegations.

Broader Implications of Corruption in Public Services and Judiciary:
The judgment highlighted the detrimental impact of corruption on society, particularly on the poor and downtrodden. The court stressed the need for stringent measures to combat corruption in public services and the judiciary. It called for strengthening anti-corruption wings, conducting frequent surprise raids, and ensuring transparency in public administration. The court also acknowledged the presence of corruption within the judiciary and advocated for robust vigilance mechanisms to address it.

Conclusion:
The court dismissed the writ petition, affirming the Tribunal's findings and the imposed punishment. The judgment underscored the importance of integrity and honesty in public service and called for comprehensive measures to eradicate corruption. The Registry was directed to communicate the judgment to the Chief Secretary to the Government of Tamil Nadu and the Registrar General of the High Court of Madras for further action.