Justice is everyones business

Indian Judiciary admits to corruption

In a landmark judgment by the Madurai bench of the Hon’ble Madras High Court, a sensational admission of systemic guilt has come to fore. Before we say anything we suggest the viewers read these paragraphs, verbatim from the judgment.

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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

11. Corruption is a devil in the society. Corruption is an anti-developmental phenomena. Corruption is the blockage for the developmental activities of our great nation. Corruption causes greater injustice to the society at large, more specifically, to the poors and downtrodden. Large scale corrupt practices in various forms prevailing in public services are causing untold agony and common men are struggling even to get their rightful and legal benefits. It is painful to pen down that for the implementation of beneficial schemes and Government Orders, corrupt practices in various forms are demanded by the public servants and in some cases, by the higher officials and it is painful that 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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

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 coverage for the entire public administration to eradicate the corrupt practices. There should not be any scope for leniency or misplaced sympathy in dealing with the corruption cases. The constitutional Courts across the country have delivered many number of judgments regarding the procedures and the trials to be conducted in the criminal cases in a speedy manner. Even then, there is a slow down in completing the criminal trials in corruption cases and those areas are also to be taken care of by all concerned.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

13. Decent amount of salary has been paid to the public servants. Salary to the public servants now-a-days are institutionally competitive in 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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

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 extent is to be portrayed in the public domain. The implications of corruption and its evil consequences are to be made available in the public domain. At the outset, creating sensitiveness are more important, which is also a constitutional requirement for efficient and effective Public Administration. This Court is of the opinion that the awareness being created at present is insufficient, so as to cripple down the corrupt practices in public services. For a moment, dream a Public Administration free from corrupt practices. Such a dream itself 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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

16. Urgent and stringent measures are warranted and appropriate instructions/guidelines are to be issued to all the Government Offices. The competent Authorities of the Government have choice to obtain suggestions and expert opinions in the field of Anticorruption and accordingly issue comprehensive instructions/directions/guidelines to deal with the corrupt practices in Public Departments. Announcing beneficial schemes alone are insufficient. The implementation of the beneficial schemes must reach the poors and downtrodden in a hustle-free manner. Thus by introducing the welfare schemes, Government cannot attain success. The implementation of such beneficial schemes so as to take the scheme to the poorest of poor in this country would alone lead to success.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

17. While making 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 departments and premises are needed. It is pertinent to remind that many former Chief Justices of India had lamented that judiciary is not exempted from corrupt practices. Unfortunately, efficient measures are yet to be taken to deal with many kinds of corrupt practices in the judicial system. Making observations in the judgment is one aspect of the matter, but, if such findings are taken in a right spirit by the administrators then alone we can see the development of our great nation. Thus, 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.

W.P.(MD)NO.16185 OF 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2020 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)NO.16185 OF 2012

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