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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 ..... n 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. - W.P.(MD)No.16185 of 2012 - - - Dated:- 5-10-2020 - MR.S.M. SUBRAMANIAM, J. For Petitioner : Ms.Porkodi Karnan for M/s.Polax Legal Solutions For Respondents : Mr.P.Mahendran Additional Government Pleader for Mr.V.Anand Government Advocate ORDER The writ petitioner joined in the Registration Department as an Office Assistant on 29.09.1986. On account of the allegation of demanding and acceptance of bribe, Departmental Disciplinary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07.02.2011. Challenging the original order of punishment of removal as well as modified punishment order of compulsory retirement, the present writ petition is filed. 3. The learned counsel appearing on behalf of the writ petitioner vociferously contended that absolutely there is no evidence for demand and acceptance of bribe. In the absence of any evidence, there is no reason whatsoever to impose the punishment of removal as well as the modified punishment of compulsory retirement. The case of the writ petitioner is a fair case for exoneration from the charges. The allegation was mainly against the Sub-Registrar and the writ petitioner was an Office Assistant. Simply because the Office Assistant accompanied the Sub-Registrar, the allegation of bribe cannot be thrusted on the writ petitioner. Thus, the entire charges are baseless and there is no evidence to establish the allegations against the writ petitioner and based on the presumption that the writ petitioner accompanied the Sub-Registrar, the penalty of removal as well as the modified punishment of compulsory retirement was issued. 4. Mr.P.Mahendran, learned Additional Government Pleader appearing on behalf of the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Mohideen had gone to S.R.O., Melayapalayam during December 2004 for registering the document in favour of Mohamed Mohideen. After registration, A.O.1 had demanded ₹ 3000/- from Tr.Mohamed Mohideen and he along with the registration fee had given the amount to A.O.2. PW.3 has stated that he had purchased a land from Saleem and he had gone to Melapalayam S.R.O. On 02.11.2004 and presented the documents to A.O.1 for registration. A.O.1 had demanded ₹ 500/- for herself and ₹ 100/- for A.O.2 for registering the document. PW.3 has given ₹ 2200/- as fee and the receipt was given for this amount (Ex.P.7) and PW.3 had signed in the register. After 4 or 5 days A.O.1 and A.O.2 have demanded ₹ 500/- for them. PW.3 had asked them that the amount was already given and why they are again demanding ₹ 500/-. The A.O.2 has informed that unless he give ₹ 500/- the documents will not be returned to him. PW.3 had given ₹ 500/- to A.O.1 and ₹ 50/- to A.O.2. Afterwards, he got the documents (Ex.P.8). 6. The Tirunelveli Tribunal for Disciplinary Proceedings have elaborately considered the documents as well as the oral evidence of the witnesses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the writ petitioner abetted A.O.1 to receive the bribe. 8. The findings narrated above shows that both A.O.1 as well as A.O.2 have involved in the offence of demanding and accepting the bribe amount. The Authorities also had considered the evidence as well as the documents and the findings of the Tribunal in this regard. The punishment of removal was issued based on the findings of the Tribunal for Disciplinary Proceedings, Tirunelveli. The writ petitioner preferred an appeal to the Government. The Government made the following findings, which reads as under: A.O.2: 06) The evidence of PW2, PW3, PW5 establish the guilt of AO2 in relation to charges 1 to 3. PW1 affirms the verity of AO2 having accompanied AO2 for building inspection. PW2 has deposed on the payment of bribe of ₹ 500 on 06.11.2004 to AO2 at the instance of AO1. Similarly, PW3 has testified that he had paid ₹ 2000 to PW4 who handed over the same to AO2 in his presence. The prosecution witnesses have successfully held on to their stand in chief examinations even in the cross examinations of the defence. The defence has failed to penetrate much less impair the solid evidence of PW2, PW3,PW5 and PW ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the responsible higher officials are absolutely insensitive in controlling the corrupt practices. Corrupt practices are not only demand and acceptance of money, but corrupt practices are prevailing in various forms. Thus creating more awareness and sensitiveness are all paramount importance in order to deal with the corrupt practices in public services. 12. It is the constitutional mandate that every Government of the day is expected to be efficient, people-friendly and hypersensitive in the matter of dealing with corrupt practices. Corruption eats the welfare of the society like termite. No doubt, Department of Vigilance and Anticorruption is functioning in the State. However the size of the department and the number of officials functioning are not in commensuration with the large scale corrupt practices prevailing in many number of departments. The department of Vigilance and Anticorruption is to be strengthened to a greater extent, so as to ensure periodical surprise inspections and raids are conducted to deal with the corrupt practices in public services. Adequate number of men and women of integrity and honesty must be engaged for this purpose. There must be full fledged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... self would give an immense pleasure and happiness. Dream an ordinary citizen can enter into any Government Offices and Public Offices and get his works done in a legal and rightful manner without any difficulty, certainly, such an atmosphere would be a joyful event and the same would lead to fast and greater development of our great nation. 15. The Government of the day is expected to strengthen the Anticorruption wings and periodical and frequent surprise raids/inspections are to be conducted in public offices. Further, the assets and the liabilities of the department servants are to be periodically verified as the Service Rules require every public servant is bound to furnish the details of their assets and liabilities. When the Rule requires such an information to be provided to the Department, the same has not been maintained properly in many Departments by many Higher Authorities. The disproportionate wealth is to be periodically monitored. The genuinety and sanctity of the informations provided by the public servants are to be properly checked. 16. Urgent and stringent measures are warranted and appropriate instructions/guidelines are to be issued to all the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
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