A High powered experts committee has recommended that IAS and IPS officers be dismissed from service if a court of law frames criminal charges against them under the Prevention of Corruption Act.
If the proposal is accepted by the government, it could be the strongest- ever deterrent for civil servants who indulge in corrupt practices with impunity by taking advantage of the legal loopholes.
IAS and IPS officers suspended for graft could be dismissed if charges are framed.
The dismissal would be subject to the decision of the criminal trial and if the court exonerates the officer, he would be reinstated without his pay, seniority and other benefits being affected.
As a safeguard, the committee has proposed that an advisory board, comprising three retired Supreme Court judges, should scrutinise the chargesheet and give its opinion to the Central Vigilance Commission (CVC) within three weeks.
If the CVC concurs with the board’s advice, the officer in question would be dismissed by the President.
The ground- breaking recommendation - which would need an amendment in Article 311 of the Constitution — has been made by a panel set up to suggest measures on fast- tracking disciplinary and vigilance inquiries against government servants.
Headed by former Union Public Service Commission (UPSC) chairman P. C. Hota, the committee had former CVC P. Shankar and former personnel secretary Arvind Varma as its members.
It has recommended a similar arrangement for state government officers with the power of dismissal vested in the governor.
The committee said the big change was needed because “ in recent years, corruption among government servants has become endemic and has been eroding the confidence of the common man in governance”. To ensure that the dismissed officer does not face penury, it has recommended the payment of a “ compassionate monthly allowance” till the case is decided in court.
“ Such a deterrent is badly needed. A handful of corrupt officers have tainted the image of the All India Services and the government needs to deal sternly with the blacksheep in the IAS,” a joint secretary said.
The panel observed that many IAS and IPS officers, who have no scruples in aligning with their political masters in their parent cadre states, have amassed “ mindboggling sums of money” and “ equally mindboggling assets” using such patronage. The Centre has no power to intervene in such cases because of the federal set- up.
“ Adding to the sad scenario is the unfortunate experience that not all state governments act promptly and decisively in instances of obvious and gross corruption… Under these circumstances, there is a strong need for the central government - that is where the buck has to stop - to find ways of stepping in,” it said.
The committee said that to begin with, IAS and IPS officers found to be on the wrong side of the law with respect to central agencies such as the Central Board of Direct Taxes, Central Board of Excise and Customs, Directorate of Enforcement, Directorate of Revenue Intelligence and Narcotics Control Bureau need to be severely dealt with.
It recommended that the Centre should amend the service rules and empower itself to start inquiry proceedings against such officers on the basis of the findings of one or more such central government agencies.
For instance, if an officer in a state amasses unaccounted- for income, the Centre would be able to take direct action against him.
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