“Is everyone then going to think only of himself and not all of India? Corruption has now become worse than before. Restraint from it has practically gone.”.An exasperated Justice SM Subramaniam made the remark while allowing a writ petition before the Madras High Court, which pointed to issues of general maladministration and corruption on the part of the Greater Chennai Corporation..The rampant corruption in the state, in turn, prompted the Court to direct the en-masse transfer of all Vigilance Department officials of the Corporation within four weeks..The order was passed in a writ petition filed against the noise pollution caused by a large generator installed on a road owned by the Corporation. The Court was approached after complaints made with respect to the same before the Corporation yielded no result..Justice Subramaniam observed that while there are fantastic procedures in place for the Corporation to follow in going about its functions, they are rarely implemented. Instead, he remarked, corruption has become the rule..“The Corrupt persons made it as a Rule. Bribes are not given to circumvent the Law or to relax the Law. Bribes are given even to uphold the Law. Bribes are offered to get the rights of the citizen.”.Specific reference was made to the highly corrupt state of Tamil Nadu..“… the State of Tamil Nadu is also one of the State, wherein highest level of corruption is in existence. Statistically, we all are aware that the State of Tamil Nadu is also a highly corrupt State in respect of Governmental Organisations and amongst the public servants. Various measures are taken, however, no fruitful results are yielded.“.The Court went on to observe that counter-efforts, whether by Court-direction or statute have had little effect in addressing the issue,.“Humpty number of phenomenal judgments delivered by the Courts across the country for number of years highlighting the evil consequences of corruption. However, those judgments yielded no results in respect of minimising the corrupt activities. Those judgments are remaining in the Law Magazines and records….… The Legislatures also enacted various Laws with a fond hope that they can control corruption. However, those Laws are diluted and submerged by further corrupt activities by the prosecutors, investigation officials and least by the citizen of this country.”.As for the factors contributing to increasing corruption, Justice Subramaniam pointed out that the public too should share the blame..“We cannot always blame the public servants, who receive corruption. Equally, the person, who offers bribe is also responsible and to be treated as criminal for the purpose of prosecution under the provisions of Anti-Corruption Laws.“.The Court was prompted to direct the transfer of Vigilance Cell employees after it was informed of the lethargic manner in which disciplinary action was being pursued against government officials accused of corruption. As noted below,.“On a perusal of the 107 cases of disciplinary proceedings initiated for the past 30 years, this Court is of an opinion that it is an alarming factor that there is no final orders are passed in respect of many cases..In some cases, meager punishments were imposed and they were either reinstated or allowed to retire from services. The very functioning of the establishment in respect of dealing with the officials, shows maladministration in Chennai Corporation.“.Further, in a bid to minimise corruption, the Court also issued the following, among other, directions..Installation of vigilance booths in Corporation offices/buildings. These would be under the supervision and control of the Commissioner of the Greater Chennai CorporationInstallation of CCTV cameras in Corporation offices/buildings within four weeks.The state authorities have been directed to publicise messages against indulging in corruption and serious consequences which would flow if the same is resorted to.Surprise inspections are to be conducted in respect of the implementation of building approvals and all other activities and functioning of Chennai Corporation. These are to be conducted by Special Secret Teams, constituted by Vigilance Cells. The Secret teams would function under the direct control of the Commissioner.The Corporation Commissioner has been ordered to instruct its employees to furnish details of their properties (movable and immovable) and of property in the names of family members and dependants within twelve weeks. The same is to be verified by the Commissioner. If any discrepancies arise, they are to be appropriately investigated by the Vigilance Cell.The Commissioner has been ordered to conduct a review meeting with the Greater Chennai Corporation officials within four weeks, to issue appropriate directions to proceed against all encroachments, unauthorized and unlawful occupations of Corporation lands, buildings, etc..The case has been posted for reporting compliance in twelve weeks.
