NEW DELHI: Mere retirement will not be a ground for dropping
proceedings against corrupt
government servants who will now face a 10 per cent cut
in pension in
case of minor penalty.
The present major penalty of compulsory retirement with full benefits will be
changed hereafter with a cut of 20 per cent in pension.
The new rules will be effective under decisions made in the first report of the
group of ministers on corruption headed
by finance minister Pranab
Mukherjee.
In a bid to tackle corruption and to fast track cases of public servants
accused of graft, the GoM has decided to eliminate certain tiers in
consultation process.
These steps are part of a series of measures accepted by the government for
immediate implementation following the recommendations made.
The government's decisions come in the wake of Anna Hazare's anti-corruption
campaign for a Lokpal Bill that would also cover bureaucratic graft.
Until now, a government servant on the verge of retirement can escape
proceedings for minor penalty. The GoM has now decided mere superannuation
should not be a ground for dropping proceedings for minor penalty.
A cut in pension upto 10 per cent may be imposed in case of minor penalty. This
cut will have a ceiling of five years as a life-long reduction in pension would
come under the category of major penalty.
The existing major penalty of compulsory retirement with full benefits may be
changed to compulsory retirement along with a provision that the competent
authority may impose upto 20 per cent cut in pension.
However, there would be no cut in pension in those cases of compulsory
retirement of officers being weeded out for non-performance.
The GoM has also decided to make the departments and ministries to primarily
use serving officers as Inquiry and Presenting Officers in one of the steps
towards speeding up the inquiry proceedings.
In important cases, the officers may request the central vigilance commission
to appoint their commissioner of direct inquiries as IO.
The GoM is also of the opinion that CVC may also maintain a panel of IOs and
POs from among retired officers after screening and empanelment. They could
also be engaged on the advice of the CVC.
Taking into account that delays in sanction of prosecution of public servants,
the GoM says that it was imperative that sanction should be decided
expeditiously and within the prescribed time-frame of three months.
The GoM has recommended that in all cases where the investigating agency has
sought sanction for prosecution and submitted a charge sheet along with it, the
competent authority will have to take a decision within three months from the
receipt of the request and pass a 'speaking order' with reasons.
If the permission is refused by the competent authority, the request should go
to the next higher authority and if it is the minister and he too refuses he
should submit the order within seven days to the Prime Minister.
The secretary of each ministry and department will monitor all cases where a
request has been made for permission to prosecute and submit a certificate
every month to the Cabinet Secretary to the effect that no case is pending for
more than 3 months. Reasons for pendency of a case for more than three months
should be explained.
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