Lok Sabha Question No. 3073 (UNSTARRED), answered on 2016-03-16
Subject: Serving Corrupt Officials
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: RAJU ALIAS DEVAPPA ANNA SHETTI, SHIVKUMAR CHANABASAPPA UDASI, DILIP KUMAR MANSUKHLAL GANDHI, CHANDRA PRAKASH JOSHI, VEENA DEVI, ANANT KUMAR DATTATREYA HEGDE, P.P. CHAUDHARY, NARANBHAI KACHHADIA, GAJENDRA SINGH SHEKHAWAT

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

## GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA

## UNSTARRED QUESTION NO. 3073

(TO BE ANSWERED ON 16.03.2016)

## SERVING CORRUPT OFFICIALS

†3073. SHRI RAJU SHETTY:

SHRI SHIVKUMAR UDASI:

SHRI DILIPKUMAR MANSUKHLAL GANDHI:

SHRI CHANDRA PRAKASH JOSHI:

SHRIMATI VEENA DEVI:

SHRI ANANTKUMAR HEGDE:

SHRI P.P. CHAUDHARY:

SHRI NARANBHAI KACHHADIYA:

SHRI GAJENDRA SINGH SHEKHAWAT:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Central Bureau of Investigation (CBI) has issued a list of serving corrupt officials especially the IAS officers recently and if so, the details thereof, Ministry/department-wise;
- (b) whether  negligent/slack  attitude  of  the  Government  is  responsible  for  non-filing  of charge-sheet  against  the  corrupt  officials  and  if  so,  the  details  thereof  and  reasons therefor;
- (c) whether the Government is reviewing the legal provisions to swiftly punish corrupt officers and if so, the details thereof and if not, the reasons therefor; and
- (d) whether  some of the officials  against  whom action were taken/being taken are still holding  their  posts  despite  their    involvement  in  corruption  and  if  so,  the  details thereof and the reasons therefor?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

- (a):        As  a  matter  of  preventive  vigilance  and  upon  following  the  guidelines  issued  by Ministry of Home Affairs, departments of the central government prepare the list of officers of doubtful integrity. Central Bureau of Investigation suggests addition or deletion of names on the basis of information available with it. Such a list is prepared as a preventive measure to keep the activities of concerned officers under watch.
- (b):    The Hon'ble Supreme Court of India, vide its judgement dated 18 th December,1997 in the case of Vineet Narain Vs Union of India, directed that ' time limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (AG) or any law officer in the AG's office'. Accordingly, instructions have been issued from time to time to  all  Ministries/  Departments  to  strictly  abide  by  the  orders  of  the  Supreme  Court.  It  is sometime not possible to adhere to this time limit. The delay which occurs in the sanctioning of  prosecution  is  mostly  on  account  of  detailed  scrutiny  and  analysis  of  voluminous  case records  and  evidence,  consultation  with  Central  Vigilance  Commission  (CVC),  State Governments  and  other  agencies,  and  sometimes  non-availability  of  relevant  documentary evidence

(c):        The  Government  has  recently  moved  the  Official  Amendments  to the  Prevention  of Corruption        (Amendment) Bill, 2013 which is pending in the Rajya Sabha. The said Bill, as of now stands referred to the Select Committee of the Rajya Sabha.

The aforesaid  amendments  include  insertion of  new sub-section (5) under  section 4 of the Prevention  of  Corruption  Act,1988  to  stipulate  that  the  Special  Judge  shall  ensure  the completion of the trial within a period of two years from the date of filing of the case and in case  the  same  is  not  completed  within  the  said  period,  the  Special  Judge  shall  record  the reasons  therefor  and  ensure  completion  of  trial  within  a  total  period  of  four  years  with extension beyond the initial two year period being allowed for six months at a time. Further the  section  19  under  the  aforesaid  amendment  act,  proposes  to  stipulate  that  competent authority  shall  convey  its  decision  for  grant  or  otherwise  of  the  sanction  for  prosecution within  a  period  of  three  months  extendable  by  one  month  if  consultation  with  Attorney General or the Advocate General is required to be undertaken.

(d):    Action is taken against such officers in respect of whom charges of disproportionate income or corruption are found proved on completion of departmental proceedings under AIS (Discipline & Appeal) Rules, 1969 & All India Services Rules, or conviction by a court of law. There is therefore no question of the member of service continuing to hold their posts thereafter.

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