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LATEST NEWS UPDATES | PM to check refusal of government sanction to probe top babus-Subodh Ghildiyal

PM to check refusal of government sanction to probe top babus-Subodh Ghildiyal

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published Published on Aug 22, 2012   modified Modified on Aug 22, 2012
-The Times of India

The prime minister will personally see every government decision to refuse permission for probe against an officer of the rank of joint secretary and above.

The decision to involve the PM to oversee a veto of CBI request for probe against top officers appears an attempt to neutralize allegations that the cover of government sanction was being misused.

Section 6A of the Delhi Special Police Establishment Act makes it mandatory for CBI to seek permission of the central government to inquire against a joint secretary or above-ranked officer.

The governments have faced allegations that the provision was being misused to protect corrupt officers, by either delaying or taking unjustified decisions.

The group of ministers on corruption refused to scrap Section 6A, saying it was required to protect officers from victimization over bonafide decisions, but took steps to make the system transparent in deciding the CBI requests for probe.

The government has put a deadline of three months for competent authorities to decide every request. Also, authorities will have to give a "speaking order" to justify why it was agreeing or disagreeing with a request.

The mandatory spelling out of reasons, it is felt, will cut down chances of motivated decisions to protect or victimize an officer.

However, the refusal to let an officer be probed for corruption would be put through stricter scrutiny. The Department of Personnel and Training decided "in the event a decision is taken to refuse permission, the reasons shall also be put up to the next higher authority, the prime minister, for information within one week of taking the decision".

The move to keep the PM in the know is significant. Government sources said the PM could no longer be a spectator in cases where sanction was refused to probe a senior officer - he will have to intervene if he disagreed with the reasoning given in a particular case since it could expose him to later day criticism.

Sources said sanctions under Section 6A were till now dealt at the level of ministries with intimation to the personnel department.

The cover of Section 6A is aimed at protecting officers at the cutting edge of decision-making from frivolous allegations. It is argued that no officer should fear victimization, else it would impede decision-making and result in policy paralysis.

But the protective cover has been misused, since there was lack of accountability in the way requests for CBI probes were being decided.

The Times of India, 22 August, 2012, http://timesofindia.indiatimes.com/india/PM-to-check-refusal-of-government-sanction-to-probe-top-babus/articleshow/15593113.cms


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