HC: Govt staff cannot seek legal refuge in DA cases

HC: Govt staff cannot seek legal refuge in DA cases

Kaushik.Kannan@timesgroup.com

Madurai:01.06.2021

The legal protection to a public servant, against prosecution for a deed done as part of his official duty, will not be available if he faces a case of disproportionate assets, the Madras high court has said.

Declining to come to the rescue of Dhandapani, who faced a case while working as assistant director in the rural development department in Trichy district and with an investigation pending against him, a division bench of Justice T S Sivagnanam and Justice S Ananthi upheld a single judge’s order in this regard.

The judges held that the complaint is not with regard to discharge of Dhandapani’s official duties, but related to his disproportionate assets.

Govt permission not needed to prosecute in Dhandapani’s case

The judges said: “Therefore, Section 17(A) of Prevention of Corruption Act is not applicable to the appellant. The single judge has rightly observed this point. The appellant has to face the criminal case.”

Section 17 A of the Prevention of the Corruption Act insulates a public servant against prosecution, and says: “No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval…”

It was Dhandapani’s case that he and his brother Kandasamy had a property dispute, due to which the latter’s friend P Karthik kept filing complaints against him before various authorities. Karthik had also moved the high court in 2019 seeking DVAC to probe into his complaints. While dismissing his petition, the court directed Karthik to submit a complaint before the director of rural development and panchayat raj at Chennai.

On receipt of the complaint, it was forwarded to district collector who appointed an inquiry officer. Subsequently, the DVAC also issued proceedings on March 9, 2020, directing Dhandapani to furnish certain particulars. Challenging the proceedings, Dhandapani filed a petition before the Madurai bench of the high court. The single judge had dismissed his petition. Challenging the order of the single judge, the appellant had filed this present writ appeal.