The case of former coal secy and the anti-corruption law

HC Gupta would have had some relief if the pending amendments were cleared

GN Bureau | May 23, 2017


#Prevention of Corruption Act   #bureaucracy   #corruption   #HC Gupta   #UPA   #coal scam  
Illustration: Ashish Asthana
Illustration: Ashish Asthana

 
A senior bureaucrat, apparently much respected among the administrative circles, faces two years in jail. His crime: a decision that may have come from the political leadership.
 
HC Gupta, a former coal secretary, is among the three bureaucrats convicted by a special court in a coal block allocation case. They have been slapped with two years in jail and a fine of Rs 1 lakh each, though court has granted them bail to appeal in the Delhi high court.
 
CBI had charged Gupta with presenting false information before the minister – prime minister Manmohan Singh was holding the charge of the coal ministry back then.
 
The court had last week convicted Gupta, KS Kropha (then joint secretary in the coal ministry) and KC Samaria (then director, coal allocation- i section of the ministry) of criminal conspiracy and cheating under the Indian Penal Code and for corruption under the Prevention of Corruption Act.
 
There are two issues at stake here: one, the responsibility of the bureaucrat in executing what may essentially be a political call, and two, the pending bill to amend the Prevention of Corruption Act which, among other things, aims to provide relief to bureaucrats in such circumstances.
 
As Mukul Sanwal, a former secretary to the government of India, explained in his column in Governance Now, the definition of corruption in Section 13(1)(d) of the existing PCA covers various indirect forms of corruption including the obtaining of “any valuable thing or pecuniary advantage” by illegal gratification or by “abusing his position as a public servant”. The section defines “Abuse of Official Position” under the overall category of “criminal misconduct by a public servant”. The amendment bill replaces this section with a definition of criminal misconduct by a public servant in terms of fraudulent misappropriation of property under one’s control, and intentional, illicit enrichment and possession of disproportionate assets. 
 
“Currently, an investigating officer has only to establish that legal provisions, guidelines and rules were violated which led to pecuniary advantage to somebody, including a third party, and not necessarily the public servant. There is no requirement to prove a direct trail of money, or any other quid pro quo, with respect to the public servant in the decision-making process. 
 
“This anomaly of treating administrative decisions as part of a criminal conspiracy is now sought to be rectified in the amendment to the PCA recently approved by the select committee of the Rajya Sabha. It conforms to widely accepted international practice and is far from being a conspiracy of the ‘political establishment’ reflecting the ‘power of babudom’,” writes Sanwal.
 
The amendment bill has been subject to much debate, especially for the shield it offers to the bureaucrats. “The bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets.  Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the bill,” explains the PRS Legislative Research in its analysis of the bill.
 
This necessity arose in the scam-a-day times of the UPA regime, when bureaucrats were perceived to be afraid of taking administrative decisions, leading to what was called policy paralysis.
 
On the other hand, a section of anti-corruption activists has opposed raising “the threshold to establish the offence”, as it may weaken the fight against graft – even if Gupta’s case seems one of a kind.
 
One way out, arguably, is what Sanwal advocates: “The problem in dealing with it is not the revival of the ‘single directive’, requiring prior approval of government or Lokpal to initiate an inquiry into allegations of corruption against public servants. The real problem is the focus on a single definition of corruption unrelated to criminality, the organisational context ignoring the many ways corruption now takes place and the enforcement model.”
 

Comments

 

Other News

How to leverage AI to solve urgent global issues

The world seems to be hurling towards World War III in all the possible scenarios: hot war, cold war, and proxy war. The battleground seems to have expanded beyond physical to digital or virtual/mixed reality with technology like drones. Moreover, the line between civilian and military targets seems to hav

Budget: Progress towards SDGs and areas for improvement

The Union Budget 2025-26 outlines India`s vision for economic and social growth while also reflecting the country`s commitment to sustainable development. As India moves closer to the 2030 deadline for the United Nations’ Sustainable Development Goals (SDGs), this budget presents a balanced approach

Repo rate cut by 25 basis points to 6.25%

The Reserve Bank of India has, for the first time in five years, reduced the policy repo rate under the liquidity adjustment facility (LAF) by 25 basis points to 6.25% with immediate effect. Consequently, the standing deposit facility (SDF) rate will stand adjusted to 6.00% and the marginal

Amitav Ghosh’s new work: Connections between the word and the world

Wild Fictions: Essays By Amitav Ghosh HarperCollins, 496 pages, Rs 799.00 Amitav Ghosh, one of a handful of Ind

How markets can help (and also hinder) fight against pollution

In the annals of environmental policy, few ideas have been as transformative as the Emissions Trading System (ETS). Born from the minds of economists in the late 1960s, this market-based approach to pollution control has evolved from a theoretical concept to a global tool in the fight against climate chang

Will Bihar complement the resolution of Viksit Bharat 2047?

As India completes its diamond jubilee as a republic, I am reminded of a statement by Dr. A.P.J. Abdul Kalam, delivered during an address to the Bihar Chamber of Commerce in Patna on March 28, 2006. He said, “I have visited Bihar numerous times, and it has always been a source of happiness for me to

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now



Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter