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TMI Blog2020 (10) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of Tmt.Jayajothi, he received the bribe amount of Rs. 500/- from witness Tr.Mohideen Lebbai for and on behalf of Tmt.Jeyajothi for inspecting the building and thus he abetted Tmt.Jeyajothi to receive the bribe. Charge-2: That on 02.11.2004 at about 2.25 p.m., at the S.R.O.Melapallayam, he received the bribe amount of Rs. 500/- for and on behalf of Tmt.Jeyajothi from witness Tr.Syed Hussain for registering a sale deed. On 06.11.2004 at about 1.15 a.m., at South Mohideen Pallivasal Street, he received the bribe amount of Rs. 500/- for and on behalf of Tmt.Jeyajothi from witness Tr.Syed Hussain for inspecting the building and also received Rs. 50/- as illegal gratification for himself from the said witness. Charge-3: That on 18.10.2004, at about 4.15 p.m., at the S.R.O.Melapalayam, he received Rs. 2000/- as illegal gratification from Tr.Kamal for and on behalf of Tmt.Jeyajothi, Sub-Registrar for registering a sale deed and further on 25.10.2004, when he went to Peria Kothpa Pallivasal Therku Keela Theru, Melapalayam, along with Tmt.Jeyajothi, Sub-Registrar for inspecting the property, at about 11.15 a.m., he received Rs. 250/- as illegal gratification from Tr.Kamal for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings, Tirunelveli, in which, examination of accused officials and witnesses were separately recorded. The deposition of PW.2- one Mr.Abu Bakkar reads as under: "PW.2 has stated that Tr.Mohideen is his paternal uncle and now he is in Dubai. He had purchased one house in Melapalayam from one Tmt.Mohideed Lebbai Mariam Beevi. He along with Tr.Mohideen Lebbai had gone to the S.R.O., Melapalayam, during October 2004. At that time, the A.O.1 was in Sub-Registrar Office, Melapalayam. The A.O.1 has informed that the document was deficit in stamp duty and the document could not be registered on that day. The documents can be registered only if the full stamp duty was paid. P.W.2 had requested to register the documents on that day itself. The A.O.1 had informed that if they prepared to give Rs. 2000/-, the documents can be registered on the day itself. For this, he agreed and the document was registered Mohideen Lebbai had signed in the Register (Ex.P.6). A.O.2 had also accompanied A.O.1 at the time of field inspection during November 2004; after inspection, the A.O.1 had demanded Rs. 2000/- from Tr.Mohideen. Tr.Mohideen had informed that he had not brought Rs. 2000/- and he w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibe amount and he aided the A.O.1/Sub-Registrar to receive the bribe amount. Further, it is found that A.O.1-Sub-Registrar demanded Rs. 300/- and on her direction PW.6 gave Rs. 1025/- (Rs. 625/- towards fees; Rs. 100/- towards computer fee and Rs. 300/- bribe) to A.O.2-writ petitioner, who immediately on receiving the amount handed over the amount to A.O.1-Sub-Registrar in his presence. PW.2-Abu Bakkar was also present and the evidence of PW.2 is corroborated with the evidence of PW.6. Thus, the Tribunal had arrived at a conclusion that the PW.2 and PW.3 are the relevant witnesses and PW.3 Mr.Syed Hussain has stated that on 02.11.2004, he along with PW.2 went to Sub-Registrar Office for registering the sale deed-Ex.P.8 in his name for that A.O.1 demanded Rs. 500/- for herself and told to give the said amount to A.O.2-writ petitioner. PW.3 gave the amount to A.O.2-writ petitioner. The receipt of the Ex.P.7 has been marked and he has further stated that 4 or 5 days thereafter at about 11.00 a.m., A.O.1-Sub-Registrar and A.O.2-writ petitioner came for inspection. PW.2-Abu Bakkar was also present during inspection and for inspection A.O.2 demanded Rs. 500/- from PW.3 and PW.3 gave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is stronger in his case, AO2 has merely resorted to vague pleas of defence. There is nothing in his argument to discredit the evidence of prosecution." 9. The above findings in G.O.(D).No.40 Commercial Taxes and Registration (K) Department, dated 07.02.2011, is nothing but the findings arrived by the Tribunal for Disciplinary Proceedings, Tirunelveli. The entire findings of the Tribunal are unambiguous that the charges against the writ petitioner had established beyond reasonable doubt. 10. The public servant is expected to maintain utmost integrity and honesty while discharging his/her public duties and responsibilities. There should not be any room or scope for such corruption allegations at all. Reading of the entire deposition of witnesses as well as the well considered findings of the Tribunal for Disciplinary Proceedings, this Court is of the considered opinion that the conclusion arrived by the respondents are very much in consonance with the findings recorded by the Tribunal for Disciplinary Proceedings. 11. Corruption is a devil in the society. Corruption is an antidevelopmental phenomena. Corruption is the blockage for the developmental activities of our great ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comparison with their counterparts in private sectors. Public servants are receiving the salary from the tax-payers' money. The responsibility and accountability is the constitutional mandate. Public servants are expected to perform their duties with utmost care and by maintaining absolute integrity and honesty. However, in reality, the state of affairs prevailing in our great nation is the worrying factor. People are frustrated with the large scale corrupt practices in public services. 14. This Court in umpteen number of judgments emphasises the necessity for creating sensitiveness in the matter of corrupt practices. But there is a little scope for improvement in the near future. There must be a drastic change in the attitude on the part of the competent Authorities and they are expected to work swiftly so as to minimise the corrupt practices currently and to eradicate in future. Debates after debates are conducted in many interesting subjects through medias and in public domain. However, negligible number of debates are being conducted regarding corruption in our great nation. How the corrupt practices are affecting the development of our great nation in a larger exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g observations regarding the corrupt practices in the Public administration of the Government Departments, 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. Frequent surprise visits and inspection in the judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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