HC uphelds clerk removal from service for taking bribe

Chennai, Mar 6 (UNI) Madras High Court today upheld the removal of a record clerk from service for taking a bribe of Rs 10.

Mr Justice Paul Vansanthakumar upheld the removal of J Karunanidhi from service, while dismissing a petition filed by him, seeking to quash an order of the special commissioner of Commercial Taxes, Chennai, dated February 25, 1993, dismissing him.

While the petitioner was working as record clerk at Thathuvancheri Check Post, a raid was conducted by the Vigilance and Anti-Corruption wing on March 19, 1988 and an amount of Rs 10 was recovered from Karunanidhi which was allegedly accepted by him as bribe. He was placed under suspension on the same day and removed from service subsequently.

The petitioner contended that mere presence of Rs 10 in the premises in a trap case was not sufficient to substantiate the charge of demand and acceptance of bribe. The punishment was highly excessive and disproportionate with the charge framed against him.

In his order, the judge said the acceptance of bribe by the petitioner was proved. The contention that the amount involved was only Rs 10 was immaterial in view of the various decisions of Supreme Court and other courts.

The disciplinary authority considered the request of the petitioner to take lienient view in the matter and rejected the same and passed the order of punishment removing him from service. This court sitting under Article 226 of the Constitution cannot substitute its view in the matter of punishment imposed by the disciplinary authority, the judge said and dismissed the petition.

UNI XR ROY VD RN1933