Government officials accused of corruption cannot lay claim to promotion on the technical ground that no charge memo had been issued to them on the day of drawing of a list of officers eligible for promotion, the Madras High Court Bench here has held.
Justices S. Manikumar and C.T. Selvam passed the ruling while allowing a writ appeal filed by the State government against a single judge’s order to promote as Deputy Inspector General of Registration an officer accused of collecting ‘ mamool ’ (bribe money) from his subordinates.
“We are unable to accept the reasoning of the single judge… Once there is a serious allegation, certainly there is a cloud on the integrity of the officer. Morale and discipline of the department would be jeopardised if such persons are also included in the panel and promoted to higher posts,” the Division Bench said.
According to Special Government Pleader (SGP) A.K. Baskarapandian, the officer, K. Balasubramanian, was in possession of unaccounted money of Rs. 25,000 when sleuths from the Directorate of Vigilance and Anti-Corruption (DVAC) conducted a surprise check in his office on October 21, 2008.
The sleuths also seized ‘ mamool ’ money that had been brought by many Sub-Registrars to be given to the officer.
G.O. issued
Subsequently, a Government Order was issued on September 25, 2009 directing the Commissioner for Disciplinary Proceedings to enquire into the matter and a charge memo was issued in October 2010.
In the meantime, the officer filed a writ petition in the High Court seeking promotion and a single judge allowed the petition on April 9, 2011 on the ground of delay in issuing the charge memo and hence the Registration Department had chosen to file the present writ appeal.
The SGP also said that it was imperative to set aside the single judge’s order to promote the officer who was ultimately found guilty by the Commissioner for Disciplinary Proceedings and consequently removed from service by the State government.
“Once there is a serious allegation, certainly there is a cloud on the integrity of the officer”
