MHC uphelds GO bringing TNPSC under the purview of DVAC
The court also dismissed the batch of petitions filed by the former chairman and members of TNPSC, who were booked under corruption charges for the alleged irregularities in the recruitment of candidates to various posts
Madras High Court
CHENNAI: The Madras High Court (MHC) has allowed the Government Order (G.O) bringing the chairman and members of the Tamil Nadu Public Service Commission (TNPSC) under the purview of the State Vigilance Commission (SVC) and the Director of Vigilance and Anti Corruption (DVAC).
The court also dismissed the batch of petitions filed by the former chairman and members of TNPSC, who were booked under corruption charges for the alleged irregularities in the recruitment of candidates to various posts.
The first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy, refused to refrain the SVC and DVAC from proceeding further with the search and seizure conducted in the corruption cases.
Bringing the chairman and members of the TNPSC within the purview and ambit of the SVC and DVAC is purely academic, the rights of the petitioners are not invaded, wrote the bench.
The rights of the petitioners are not affected nor eroded and, moreover, the petitioners cannot claim immunity, read the judgment.
Counsel R Sudhinder appeared for the petitioner contended that TNPSC is an autonomous and independent institution, the chairman and members are not government servants.
The TNPSC Regulations 1954 consciously excluded the chairman and members of the TNPSC from the purview of SVC and DVAC, submitted the counsel. The amendment to the TNPSC Regulations 1954 is erroneous, it is necessary to insulate and safeguard the autonomy and the independence of the TNPSC from political pressure, the counsel added.
Additional Advocate General (AAG) S.Silambannan contended that the chairman and members of the TNPSC are included in the definition of 'public servant' as enumerated in Section 2 (c) (x) of the Prevention of Corruption Act, 1988.
It was also submitted that consultation with the Commission is not warranted for bringing the chairman and members of TNPSC under the purview of SVC and DVAC.
After the submission, the bench upheld the G.O amending the TNPSC regulations 1954, and dismissed the petitions.
