Govt plans to sack corrupt officers …..Subodh Ghildiyal
Mulls Seizure Of Assets By Changing Anti-Graft Law
Mulls Seizure Of Assets By Changing Anti-Graft Law
New Delhi: The Centre is mulling summary dismissal of public servants chargesheeted for corruption. The move will ensure government will not have to wait for long-drawn court battle to sack officials found guilty of corruption. But it is to be seen if such a provision will extend to politicians, who are classified as “public servants” in the anti-graft law.
A GoM on tackling corruption will take a call on the issue while hammering out an action plan to plug graft and fast-track punishment, as announced by Congress Sonia Gandhi. Also on the GoM agenda is Lok Pal bill, state funding of elections and relevance of government sanction for registering a Preliminary Enquiry against joint secretaries and above.
There are doubts that the provision for summary sacking via “constitutional amendment” to Article 311 can run afoul of statutory guarantees and invite legal challenge on grounds of miscarriage of justice. The government has proposed an independent advisory board to vet chargesheets and evidence to decide if a case is fit for summary axing. “The safety filter is to shield the amendment from being ultra vires,” a source said. The Centre is considering compulsory seizure of assets of corrupt officials by making provisions in the Prevention of Corruption Act (PCA). The GoM will decide if the much-lauded legislation of the Nitish Kumar government in Bihar on confiscation of assets is better than the provisions under the Public Money Laundering Act 2002. It is a tricky issue. UPA-1 decided against giving investigating agencies the autonomy to move court for seizure of assets. A GoM mulling changes to the PCA felt agencies could misuse such power. The government’s sole authority on assets seizure is a hurdle in cracking down on illegal assets. The agencies, after the government nod, move court under the Criminal Law (Amendment) Ordinance, 1944, to seize assets, which is way milder than compulsory seizure in corruption cases.
The GoM will take a hard look at the Madhav Menon committee’s report on CrPC reforms to fast-track graft trials. The Centre has come out against inserting in the PCA a time limit for corruption trials, arguing “it will not help without systemic changes”. The Centre has suggested a committee to vet cases pending over 10 years—found to be 2,400—and suggest ways for their speedy disposal. The Anti-graft camp is keen on fast-tracking trials as delays help the accused get away. Around 113 CBI cases are awaiting the Centre’s nod for prosecution. The pendency in disciplinary action and vigilance probe is on the higher side. While 588 cases in central departments are pending after the CVC first stage and second stage advice, 4,235 are pending for over one year for penalty and 1,850 cases are pending with investigating officers for six months.
GOOD BABU, BAD BABU
2 Bihar IAS officers set example, declare assets
Patna: In Bihar, where corruption in government offices forced chief minister Nitish Kumar to declare a war on graft, two IAS officers have set an example by disclosing details of their movable and immovable properties.
Saran DM Kuldip Narayan and Gopalganj DM Balamurugan D, both of the 2005 batch, are the only IAS officers to have declared the details of their movable property so far. Rules require the IAS officers to declare the details of their immovable property, acquired till December 31, to the state by January 31 every year. Narayan, from UP, said he won’t boast of his move. “When ministers can do it, why can’t we?” he said and added he has nothing to hide. Balamurugan, from Tamil Nadu, said the one-page format prescribed for all-India service officers for the purpose asked for few details. “So both of us decided to make the declaration in a more detailed way and posted it on the districts official website for anyone to access it.” TNN
Huge I-T report holding up IAS couple sacking?
Bhopal: Is the voluminous 7,000-page I-T report on raids at tainted IAS officer couple, Arvind and Tinu Joshi, a hindrance for the MP government to recommend dismissal of the couple? The couple allegedly own assets worth Rs 360 crore, plus 25 flats and 400 acres of farm and non-agricultural land. Even though the opposition Congress has demanded immediate dismissal of the suspended IAS couple, the state has cited the huge I-T appraisal report as the reason for the delay in action. Chief
secretary Avani Vaish said the facts were being verified. “Further action against the couple who were suspended in February 2010 will be taken after verification is complete,” he said. On Thursday, the Enforcement Directorate (ED) served notices on the Joshis for violation of the Foreign Exchange Management Act (Fema), 1999. Notices have also been issued to two of Arvind Joshi’s NRI sisters, Vibha and Abha, for having bought 100 acres in MP in violation of Fema.
secretary Avani Vaish said the facts were being verified. “Further action against the couple who were suspended in February 2010 will be taken after verification is complete,” he said. On Thursday, the Enforcement Directorate (ED) served notices on the Joshis for violation of the Foreign Exchange Management Act (Fema), 1999. Notices have also been issued to two of Arvind Joshi’s NRI sisters, Vibha and Abha, for having bought 100 acres in MP in violation of Fema.