The Hindu Business Line : Dismissal from service for taking bribe set aside

TO dismiss a person from service for taking bribe would be an `extreme' punishment; at the same time, imposition of `stringent' punishment by stopping his promotion, increments etc would meet the ends of justice, the Madras High Court has ruled.

While grabbing money illegally, especially by a Government servant, was the worst disturbing feature and the offender had to be punished suitably, dismissal from service was "disproportionate for the reason that the object and thrust behind awarding of a punishment was only to mend him and not to strangulate", a Division Bench, comprising Mr Justice P. Sathasivam and Mr Justice S.K. Krishnan, held.

Setting aside the orders of the Transport Commissioner, Tamil Nadu, dismissing from service Rm Palaniappan, a motor vehicles inspector, and that of the State Administrative Tribunal confirming the sentence, the Bench pointed out that the "shameful" act committed by the offender was serious in nature. But the extreme punishment was "disproportionate" when compared with the gravity of the charge. Otherwise, the very purpose of awarding punishment would not be served.

The petitioner, who was appointed in November 1983, was served with a charge memo on November 22, 1995 by the Transport Commissioner alleging that while in service he had taken bribe. The Commissioner on June 6, 2000 passed an order dismissing him from service. The State Administrative Tribunal justified the punishment awarded to him.

The Bench further directed the authorities not to grant annual increment, DA, bonus and any other monetary benefit, and also any service benefits like promotion, etc. for five years from the date of this order. In other words, the petitioner had to go home with his monthly salary alone, i.e., what he was drawing as on date, for five years.

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