Ministers’ discretionary powers set to go
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Ministers’ discretionary powers set to go

Last Updated: Wednesday, September 14, 2011, 20:43
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Ministers’ discretionary powers set to go Zeenews Bureau

New Delhi: In the wake of Anna Hazare’s movement for a strong Lokpal Bill, the government on Wednesday announced several key measures aimed at curbing corruption, including setting up of 71 fast-track special CBI courts, fixing a limit of three months to grant sanction for prosecution and strengthening the vigilance administration.

Addressing a joint press conference, Union Law Minister Salman Khurshid and Minister of State for Personnel V Narayanasamy said ministers will no longer have discretionary powers.

According to Narayanasamy, a Group of Ministers (GoM) to curb corruption, headed by Finance Minister Pranab Mukherjee, has recommended that the ministers would have no discretionary powers in the allotment of land, telephone and petrol pumps.

"These powers have been removed," barring in cases of compensation to victims of Naxal violence by the Home Ministry and to war widows by the Defence Ministry, he said.

With the GoM recommendations accepted, now onwards mere retirement would 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, for a period not exceeding five years.

The present major penalty of compulsory retirement with full benefits would be changed hereafter with a cut of 20 per cent in pension.

Further, the permission to initiate legal action against corrupt officials will be given in a maximum period of 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 for information within seven days, Narayanasamy said.

Wherever the minister in-charge of the department is the competent authority and he decides to deny permission for prosecution, it would be incumbent on the minister to report it to the Prime Minister within seven days.

Narayanasamy also announced that 71 fast-track CBI courts will try corruption cases, out of which 44 are already in place.

On the fast-tracking of almost 10,000 pending CBI cases, he said a committee, headed by a sitting Supreme Court judge, would be set up for studying cases which have been pending trial for more than ten years and make recommendations for their speedy disposal or withdrawal.

The committee, which would look at cases under the Prevention of Corruption Act, would include retired CVC, CBI Director and another person of impeccable repute from civil society, he said, adding that almost 2,600 cases were over a decade old.

On electoral reforms, the government announced that the PM will hold consultations with all political parties on the issue. Contentious issues like the Right to recall and measures to keep those with criminal records away from electoral process will be part of the discussions.

Moreover, to ensure timely delivery of public services, the government will bring in a national-level Citizen’s Charter bill.

As regards tackling corruption in judiciary, Khurshid said the government will look into setting up of a Judicial Commission for appointment of judges.

The GoM also decided to bring a new policy and a bill on public procurement in the Winter Session of Parliament to tackle corruption and make the procedure more transparent, Khurshid and Narayanasamy told reporters.

"The first report of the GoM has been submitted to the government and the Prime Minister has approved many of the recommendations," Narayanasamy said.

Asked whether anti-graft measures were being announced under the impact of the Anna Hazare agitation, he reminded that the GoM on corruption was set up on January 6 much before Hazare began his fast.

"The government is very concerned about corruption and has already taken steps. Anna Hazare gave his views. We are considering it. That does not mean whatever he says is going to be accepted. There are several other views also," he said.

Narayanasamy said he was hopeful that the Lokpal Bill would be studied by the Standing Committee and tabled in Parliament in the upcoming session.

On amendment to Art 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 that there was need to strike a balance between fundamental rights of individuals and administrative agencies.

"Yes Article 311 will remain untouched," Narayansamy said.

"Lot of discussion took place in the GoM over the issue and it took a conscious decision that at least one opportunity should be given to an officer. A person is not dismissed as soon as he is caught taking bribe. He will be given at least one chance," he said.

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.

"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 in any case," Narayanasamy said, adding that delay in many a cases occurred due to change of investigating officers.

In important cases, the officers may request the Central Vigilance Commission to appoint their Commissioner of Direct Inquiries as Investigating Officer.

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

Reacting to the announcements, former Karnataka Lokayukta and Team Anna member Santosh Hegde said the decision to give permission for legal action against corrupt official in a maximum period of three months will go a long way in tackling corruption.

He however stressed on the need for a Lokpal, saying who will ensure all the measures announced by the government are implemented.

(With PTI inputs)

First Published: Wednesday, September 14, 2011, 15:59

Comments

Srinivas - Hyderabad
The govt. of India should be ashamed of itself for giving another chance for a officer who takes bribe. This is not zero tolerance against corruption. Some of the above measures are lopsided. Escape routes of corrupt are given adequate thrust
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Daljeet Singh - New Delhi
20% cut means that the Govt. is not interested in enacting law to curb corruption.It will increase the corrouption
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ashok ssp - hongkong
Salt will remain salt, no matter you add sugar, rather zero salt n will taste only sugar .
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Satpal Singh Kalra - Derabassi.
The govt. of India is befooling the people of country by announcing the minor penalty of 20% cut in pension. The official held guilty of fraud of one crore or more does not need pension.
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kanank - california
Its a long road towards becoming a less corrupt country. These are good moves. But if the bureaucrats are not going to have independence and if there is lot of nepotism and favoritism in the appointment of officials serving in CBI and judicial system, we will never see less corruption. Lot of the issues we face in our system is cultural and it has been evolving for 100s if not 1000s of years. It is not going to change overnight. It takes real leadership and ehtics for our soceity to become less corrupt and transparent.
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prabhu - bidar holasamudra
if all members of upa led gov were not involved in curption then lokpal bill demanded by anna would have been passed on the day he demanded but so far it is not bcouse all of gong men are currupt including sonia gandi and rahul gandhi. See details of rahul gandhi, when his father was `p` who was husband of widow sonia gandi then he currpted every thing from `tip of the pen to jip of the pant`.
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lalita - lucknow
govt.can afford to be callous because its vote bank is illiterate.
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kanank - california
The problem that India is not simply with the illiterate people. Even educated people have biased views and party affinity and other interests and it is also cultural and not necessarity to do with education.
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lalita - lucknow
govt.can afford to be callous because its vote bank is illiterate.
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lalita - lucknow
govt.can afford to be callous because its vote bank is illiterate.
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Anand - New Delhi
No one will ne fooled by this Govt. If they want to tackle corruption then an independent body must be created. Anna`s Janlok Pal bill must be passed immediately.
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Most liked Comments

Mahesh - Bangalore
It`s just drama playing by Govt.. what happens if they cut 20% , the corrupt man will not dependent on his pension when he/she earnt so much of money



Arvind - Mumbai
They think they can make the country fool....



INDIAN - INDIAN
CCTV Must Install In All Government Sectors To Keep An Eye On Corrupt Officials Who Takes India Backward. Supervisors Must Appoint Direct From The JAN LOKPAL Office To Keep Direct Watch On The Government Officials Who Takes Bribes, Delay Work, Not Available On Their Chairs. In Short, To Keep An Eye On Corrupt Government Officials Who Takes India Backward. Set The Time Frame For Any Work To Be Done From Government Employees. Due To No Time Frame To Complete Any Government Related Works, Government Employees Becomes Corrupt By Asking Bribe. If Time Frame Law Is Set To Complete Any Work, Then Wasting Time Purposely Will Be Stopped. They Purposely Delay So That Common Man Will Get Fed Up And Tired And Will Give Bribe To The Officer. So Set The Time Frame For Any Government Work To Complete Or Officer Must Be Suspended. For Example Water Or Electricity Connection For House Must Get Within One Month. If Officer Failed To Give Connection Then Officer Must Be Suspended. By This Officer Will Not Delay The Work And We Will Not Be Forced To Give Bribe To The Officer. CCTV Must Install In All Government Sectors To Keep An Eye On Corrupt Officials Who Takes India Backward!