CHENNAI: Corrupt practices indulged by public servants are alarmingly increasing and the courts are bound to widen the scope of interpretation of the words “public servant”, Madras High Court has observed.
A Division Bench of Justices N Paul Vasanthakumar and PR Shivakumar made the observation on November 18, while allowing a writ appeal from the Tiruttani Co-operative Sugar Mills Limited in Tiruvalangadu, which challenged an order dated Feb 15, 2012 of a single Judge holding that employees of the sugar mills are not public servants.
The Mills management placed its Assistant Cane Officer P Sivakumar under suspension for allegedly accepting a bribe of `5,000 from a co-worker in September, 2009. He moved the HC and a single judge on February 15, 2012 set aside the suspension order after holding that he, being an employee of the co-operative sugar mills, was not a public servant as defined under Sections 7 and 12 of the Prevention of Corruption Act. Aggrieved, the Mills preferred the present writ appeal.
Allowing the appeal, the Bench said Sivakumar is an employee in the sugar mills, established under the TN Co-operative Societies Act. The Mills was performing public duty and the government has control over it as per the Sugarcane (Control) Order of the Union government. It was also shown as one of the co-operative sugar mills situated in Tamil Nadu as per Schedule III annexed to Sugar (Price Determination) Order, the Bench said.
Apart from this, the service conditions, particularly pay scales are being fixed by the Industries Department. Pay revision, given to the government servants based on the 6th Pay Commission, was also extended to the staff of co-op sugar mills. They also received subsidy.
All this showed that there is a deep and perverse control by the government over the mills and it was beyond doubt that the sugar mills and its employees are performing public duty within the definition of Sec. 2(c)(viii) of the PC Act, the Bench held, setting aside the orders of the single Judge and directed the Chief Judicial Magistrate in Tiruvallur to dispose of the corruption case against Sivakumar within two months and report to the Registry.