VidhiSangh

Supreme Court of India · 08/09/2022

P. DHARAMARAJ versus SHANMUGAM & ORS.

[2022] 9 S.C.R. 972 · 2022 INSC 940

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Summary

A Metropolitan Transport Corporation employee complained that Rs. 40 lakh collected from job aspirants had been paid at the then Tamil Nadu Transport Minister's residence to his associate, against assurances of appointment as drivers and conductors. The final report charged the Minister, his brother, the associate and another under Sections 406, 409, 420 and 506(1) IPC, omitting the Prevention of Corruption Act. On a compromise with the 13 victims, the Madras High Court quashed the case under Section 482 CrPC. The Supreme Court allowed appeals by an unselected candidate and an anti-corruption body and restored the complaint. Candidates edged out by a cash-for-jobs scam are victims with locus. Section 409 is non-compoundable, and corruption by public servants, an offence against society, cannot be ended by refund-based settlement. A further report under Section 173(8) was directed.

Issues

  1. Whether an unselected candidate and an anti-corruption organisation have locus standi to challenge the quashing of a cash-for-jobs prosecution
  2. Whether criminal proceedings involving allegations of corrupt practices in public employment, including a non-compoundable offence, can be quashed under Section 482 CrPC on a compromise with the persons who paid money
  3. What directions should follow from the omission of offences under the Prevention of Corruption Act from the final report

Provisions considered

Held

Result

Appeals allowed. The quashing order was set aside and the complaint restored. The investigating officer was to file a further report under Section 173(8), with the Special Court free to act under Section 216, and the State was to seek vacation of stays in the related cases. Prayers for an SIT or a special prosecutor were left undecided.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 972.