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LATEST NEWS UPDATES | Time limit set for sanction to prosecute ‘tainted’ babus

Time limit set for sanction to prosecute ‘tainted’ babus

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published Published on Oct 7, 2011   modified Modified on Oct 7, 2011
-The Indian Express
 
With corruption emerging as a national issue, the government on Wednesday unveiled a host of steps as part of its anti-graft drive, including setting up of 71 fast-track special CBI courts, fixing of a limit of three months to grant sanction for prosecution of “tainted” officials, and abolishment of discretionary powers enjoyed by ministers — as recommended by a Group of Ministers on corruption.

Announcing that the government has accepted the recommendations of the GoM, Union Law Minister Salman Khurshid and Minister of State for Personnel V Narayanasamy said ministers will no longer have discretionary powers in the allotment of land, telephone and petrol pumps.

“These powers have been removed”, barring in cases of compensation to victims of Maoist violence by the Home Ministry and to war widows by the Defence Ministry, said Narayanasamy.

The GoM also decided to bring a new policy and a Bill on public procurement in the Winter Session of Parliament to make the procedure more transparent. “The first report of the GoM has been submitted to the government and the Prime Minister has approved many of the recommendations,” Narayanasamy said.

The GoM, set up to curb corruption and improve transparency in governance, was headed by the Union Finance Minister Pranab Mukherjee.

Among the proposed measures:

Mere retirement not to be a ground to drop proceedings against corrupt government officials, who will now face a 10 per cent cut in pension in case of minor penalty, for a period not exceeding five years. For a major penalty, instead of compulsory retirement with full benefits, there would be a cut of 20 per cent in pension.

Permission to initiate legal action against corrupt officials would have to be given in maximum three months. In the event of refusal of sanction to prosecute, the competent authority would have to submit its order, including the reasons for refusal, to the next higher authority within seven days.

Wherever the minister in-charge is the competent authority, it would be incumbent on the minister to report the denial of sanction of prosecution to the Prime Minister within seven days.

Asked about the almost 10,000 cases still pending with the CBI, Narayanasamy said a committee headed by a sitting Supreme Court judge would be set up to study the cases pending for more than 10 years to make recommendations for speedy disposal or withdrawal.

The committee, which would look at cases under the Prevention of Corruption Act, would include a retired CVC, the CBI Director and another person of impeccable repute from civil society, he said.

The government also announced that the PM will hold consultations with all political parties on the issue of electoral reforms, a key issue raised by Team Anna.

On amendment of Article 311 of the Constitution to provide for summary proceedings in cases of grave misdemeanour or acts of blatant corruption by public servants, it was felt there was a need to strike a balance between fundamental rights of individuals and administrative agencies. “Article 311 will remain untouched,” Narayansamy said.

The GoM has also suggested making departments and ministries primarily use serving officers as inquiry and presenting officers to speed up inquiry proceedings. “The committee has recommended that the vigilance officers especially the investigating officer should not be by name but by designation so that the other officer who is appointed can continue the inquiry,” Narayanasamy said, adding that delay in many a case occurred due to change of investigating officers.

The GoM also decided to dispense with the practice of seeking second-stage advice of the CVC in corruption cases.

The Indian Express, 6 October, 2011, http://www.indianexpress.com/news/time-limit-set-for-sanction-to-prosecute-tainted-babus/856321/


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