No relief from HC for cop dismissed on graft charge
TIMES NEWS NETWORK
Chennai:18.07.2018
The tentacles of corruption have permeated to all levels and are eating into the vitals of the state. If such omnipotent corruption is not checked and eradicated, the state will be practically left with nothing for the future generation to understand what honesty is, which is the very essence of civilized human existence, the Madras high court said while refusing relief to a cop from graft charges.
Justice V Parthiban made the observations on a plea moved by a dismissed sub-inspector of police Palanimuthu who was suspended on charges of corruption at the verge of his retirement.
“A stern view is to be taken, since the incidents of corruption are proliferating in alarming proportion in public employment and therefore, a deterrent punishment ought to be the order of the day to curb or curtail the abominable menace of corruption,” the judge said.
Since the court is of the considered view that the proved corruption cannot be condoned under any circumstances and therefore dismissal order cannot even be remotely held to be disproportionate, the court added.
Further pointing out to the service rules governing the service conditions of the government servants, the judge said: “As a matter of imposing punishment for dishonesty, it can only be either removal or dismissal from service. While holding as such, the writ petition is hereby dismissed as being devoid of merits.”
This apart, the court suggested the state bring in suitable amendments to disciplinary rules with a similar provision as rules for central government employees under a major penalty chapter incorporating only removal and dismissal from service in proved corruption cases, subject to exceptional cases in which strong reasons need to be recorded in writing by the disciplinary authority for imposing any other penalty.
The petitioner who joined in the police service as constable got periodic promotions and at the time of dismissal from service he was in the cadre of subinspector.
After failing in his attempts to get the corruption charges quashed, the petitioner approached the court to modify the dismissal order with a mercy petition. A similar application has already been rejected by the DGP confirming the dismissal.
TIMES NEWS NETWORK
Chennai:18.07.2018
The tentacles of corruption have permeated to all levels and are eating into the vitals of the state. If such omnipotent corruption is not checked and eradicated, the state will be practically left with nothing for the future generation to understand what honesty is, which is the very essence of civilized human existence, the Madras high court said while refusing relief to a cop from graft charges.
Justice V Parthiban made the observations on a plea moved by a dismissed sub-inspector of police Palanimuthu who was suspended on charges of corruption at the verge of his retirement.
“A stern view is to be taken, since the incidents of corruption are proliferating in alarming proportion in public employment and therefore, a deterrent punishment ought to be the order of the day to curb or curtail the abominable menace of corruption,” the judge said.
Since the court is of the considered view that the proved corruption cannot be condoned under any circumstances and therefore dismissal order cannot even be remotely held to be disproportionate, the court added.
Further pointing out to the service rules governing the service conditions of the government servants, the judge said: “As a matter of imposing punishment for dishonesty, it can only be either removal or dismissal from service. While holding as such, the writ petition is hereby dismissed as being devoid of merits.”
This apart, the court suggested the state bring in suitable amendments to disciplinary rules with a similar provision as rules for central government employees under a major penalty chapter incorporating only removal and dismissal from service in proved corruption cases, subject to exceptional cases in which strong reasons need to be recorded in writing by the disciplinary authority for imposing any other penalty.
The petitioner who joined in the police service as constable got periodic promotions and at the time of dismissal from service he was in the cadre of subinspector.
After failing in his attempts to get the corruption charges quashed, the petitioner approached the court to modify the dismissal order with a mercy petition. A similar application has already been rejected by the DGP confirming the dismissal.
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