Central Vigilance Commission exposes delaying tactics used to shield corrupt babus

Taking its battle against systemic bids to shield the corrupt a notch ahead, the Central Vigilance Commission (CVC) has made public cases where departments and ministries have delayed investigation of graft.

The commission has posted on its website names of officers against whom departmental inquiries are pending either for want of appointment of an inquiry officer (IO) by the ministry concerned, or because of delay in handing over case documents to IO.

The post on the website carries names of top IAS and IRS officers attached to departments in important central ministries such as finance, urban development and consumer affairs. Some senior officials of the Delhi government also figure on the 30-name list. Inquiries against many of the officers are pending for more than three years.

“Natural justice demands that disciplinary proceedings are finalised in an expeditious manner. The delay in completion of proceedings works against the institutional incentive built to fight corruption. It may either cause undue harassment and demoralisation of innocent employees… or it enables the guilty officers to escape punitive action for long periods of time,’’ the CVC webpost notes.

In 11 cases, appointment of  inquiry officers has been delayed by over six months. In 19 cases, the department/ministry concerned has allegedly delayed handover of case documents to IO.
“CVC sends a list of nominees to the relevant department/ministry and the ministry selects an IO from the names,’’ a senior official of the commission said.

The first part of the list carries cases where an IO has not been finalised. The second has 19 instances where documents have not been handed over to IO, he said.

The CVC post underlines legal complications created by delays in disciplinary action. “There have been instances where proceedings initiated against delinquent employees were quashed solely on the ground that there was inordinate delay in handling disciplinary cases. It is important that formal proceedings, once instituted, are completed within the timeframe…”

The worst case has been that of GP Upadhyay, an IAS officer, against whom CVC had recommended departmental action and appointment of an IO on January 5, 2007. The Food Corporation of India (FCI), where he was the general manager then, has failed to appoint an IO till date. The other long-pending similar case pertains to retired IAS officer RK Ranga, again from FCI.

On the first list of 11, there are two officials of Delhi Transport Corporation — MK Aggarwal and deputy CGM RK Kasana. In Aggarwal’s case, IO appointment has been pending since May 3, 2007, and in Kasana’s case since March 13, 2008.

On the second list, where the process of documentation has been going on for “over six months”, there are top officials of the ministry of finance, including KK Kapila,  director general (retd), income-tax (I-T). CVC’s request for documents from the I-T department has been pending since January 27, 2009.

There are two officials of DDA — then VC Subhash Sharma and commissioner (land) AM Saran. The process of documentation in their cases has been going on since November 3, 2008, and March 6, 2009, respectively.  Four officials of the rank of commissioner of income tax are also on the list.