Observing that a public servant involved in corruption can not be let off just because he refunded the bribe that he had received for granting a favour, the Apex Court on Thursday revived a criminal case against DMK MLA Senthil Balaji in a recruitment scam when he was transport minister in Tamil Nadu between 2011-15.
A bench of Justice S. Abdul Nazeer and Justice VRamasubramanian set aside the order of the High Court of Madras which had quashed the criminal proceedings on the ground that all the victims have compromised their claims with the accused.
The bench said, “It is needless to point out that corruption by a public servant is an offence against the state & the society at large. The court cannot deal with cases involving abuse of official position & adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder. Therefore we hold that the high court was completely in error in quashing the criminal complaint,".
It noted that as per the final report filed in this case, persons who adopted corrupt practices to secure employment in the transport corporation fall under two categories namely, (i) those who paid money & got orders of appointment; & (ii) those who paid money but failed to secure employment.
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