Supreme Court To Hear Appeal Challenging Madras High Court Order Quashing Criminal Proceedings Against Thiru Senthil Balaji In 2015 Job Scam Case

Upon hearing submissions made by Senior Advocate, Mr. K.V. Vishwanathan, appearing on behalf of the petitioner, a Bench comprising the Chief Justice of India, N.V. Ramana, Justices A.S. Bopanna and Hima Kohli allowed the application to file the Special Leave Petition and issued notice in the same.

The petitioner averred that the Madras High Court had quashed the proceedings merely because the accused had paid off the complainants. It was contended that the High Court had failed to appreciate that in doing so it had acted in derogation of the decision of the Apex Court in Gian Singh v. State of Punjab (2012) 10 SCC 303, wherein it was held that -

"…In respect of serious offences like murder, rape, dacoity, etc; or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction at all."

The petitioner asserted that in Gian Singh (supra), the Supreme Court had emphasised that Section 482 safeguards inherent powers possessed by High Court necessary to secure the ends of justice. Quashing the proceedings would not meet such a purpose, but would adversely affect the petitioner and similarly situated persons.

It was emphasised that the High Court had erred in quashing a proceeding which was related neither to a private nor a civil dispute, but was purely criminal in nature with far reaching consequences.

In view of the serious irregularities and malpractices in the recruitment process and the extent of involvement of Balaji and other officials of MTC, pointed out in the affidavit filed by Assistant Commissioner of Police, the proceedings ought not to have been quashed.

Background

The petitioner, belonging to a backward class, was a Mechanical Engineering graduate. On 02.11.2014, MTC published advertisements to fill up vacancies in various posts. The petitioner applied but was not selected.

Once the advertisement was issued, Balaji, who was then the Minister of Transport, Madras orchestrated the scam. Eventually criminal proceedings were initiated against him and others involved. After the scam came to the forefront, the petitioner was made a witness.

The criminal proceeding that was quashed by the High Court emanates from a complaint filed by a job aspirant, who had paid a bribe of Rs 40,00,000 (forty lakhs) to one of the accused persons to secure a post in MTC. When his name did not appear in the selection list, he filed a complaint. Final report indicated that the accused persons were guilty of deceiving him and other candidates. Even though offences punishable under the Prevention of Corruption Act, 1988 were made out, only IPC charges were pressed. Subsequently, the quashing petition was filed by Balaji before the Madras High Court, wherein relief sought was granted vide the impugned order dated 30.07.2021.

[Case Title: P. Dharamaraj v. Shanmugam And Ors. Special Leave Petition (Criminal) Dairy No. 29539 of 2021]