Deny promotion to higher-ups failing to act against corrupt employees, says HC
The Madras High Court, on Saturday observed that if authorities failed to initiate departmental proceedings against their corrupt subordinates, they should not be allowed to be promoted in their services.
A division bench comprising Justices S Vaidyanathan and AA Nakkiran made the observation while hearing a petition by the Police Department that challenged a single judge order in connection with a corruption case against an official.
Coming down heavily on the corrupt practices by government servants, the bench observed, “It is very painful to see bribes becoming a fashion and such a shameful act being measured depending upon the work / Department. In olden days, bribe was demanded only in select Departments but of late, corruption is present everywhere because of the quiescent attitude of higher officials. The root of corruption has extended its branches and is affecting society like termite.”
The court also stated that officials who have to conduct departmental proceedings must be taught the seriousness of enquiry. “When there is a criminal case pending against delinquent employees, training must be imparted to officials responsible to conduct proper enquiries and to teach them what the consequences hereafter would be in case they shirk their responsibilities,” the bench held. The judges not only directed this holding to the Police Department but also to all the government departments.
“The Chief Secretary and Director General of Police are directed to send a circular to all Departments concerning the guidelines to be followed, by distinguishing the difference between an ordinary suspension arising out of departmental proceedings and the deemed suspension on account of arrest and remand, pursuant to registration of a criminal case, especially under Prevention of Corrupt Act,” the judges reserved.
The case dates back to 2014 as a Police Department staff was caught red-handed while receiving bribe. The government servant was arrested and remanded. Though he faced suspension, no departmental proceedings were carried out by the government. He had later approached the court and got an order to reinstate him in a non-sensitive post.