MHC upholds order to bring TNPSC under DVAC ambit
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 ambit of the State Vigilance Commission (SVC) and the Director of Vigilance and Anti-Vigilance. . Corruption (DVAC).
The court also dismissed the petitions filed by the former chairman and members of TNPSC, who were booked under corruption charges for alleged irregularities in the recruitment of candidates to various posts.
The first division bench of Chief Justice SV Gangapurwala and Justice D Bharat Chakraborty refused to restrain the SVC and DVAC from proceeding with the searches and seizures conducted in corruption cases.
Bringing the Chairman and members of TNPSC within the ambit of SVC and DVAC is purely academic and the rights of the petitioners are not attacked, the bench wrote.
The rights of the petitioners have not been affected or destroyed and further, the petitioners cannot claim exemption, read the judgment.
Advocate R Sudheendra, appearing for the petitioner, argued that TNPSC is an autonomous and independent institution and its Chairman and members are not government servants.
Counsel submitted that the TNPSC Regulations 1954 have deliberately kept the Chairman and Members of the TNPSC out of the purview of the SVC and DVAC. The lawyer said, amendment to TNPSC Regulations 1954 is wrong, it is necessary to protect and safeguard the autonomy and independence of TNPSC from political pressure.
Additional Advocate General (AAG) S.Silambannan argued that the Chairman and members of the TNPSC are included in the definition of ‘public servant’ mentioned in Section 2(c)(x) of the Prevention of Corruption Act, 1988.
It was also submitted that bringing the Chairman and Members of TNPSC within the ambit of SVC and DVAC does not require consultation with the Commission.
After the submissions, the bench passed the G.O. amending the TNPSC Rules 1954. Upheld and dismissed the petitions.
