Law will catch up with corrupt babus faster

NEW DELHI: In a move that is certain to cause ripples within officialdom, the Administrative Reforms Commission, in its forthcoming report on ethics in governance, has called for the simplification of procedures adopted for the initiation of disciplinary proceedings against errant officers. And if accepted, corrupt babus will be given marching orders after a fast-track probe.

The report, which is likely to be submitted to Prime Minister Manmohan Singh soon, has recommended the deletion of Article 310 (which deals with the tenure of office of persons serving the Union or a state), and Article 311 (which lays down the ground-rules for the dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state).

The ARC, instead, has made out a case for introducing a legislation under Article 309, which relates to the tenure of government officials, in an attempt to secure an expeditious trial of recalcitrant babus by doing away with the case laws. The move is certain to face a roadblock from the judiciary as it is in violation of the principles of natural justice which have guided the disciplinary roadmap adopted so far by the authorities against defiant and persistently disobedient government servants.

The scrapping of Articles 310 and 311, in the ARC���s assessment, will expedite the process of disciplinary action against such officials ��� a proposal which, if implemented, will force the bureaucracy to fall in line.
The existing provisions, according to ARC chairman Veerappa Moily, were not just insufficient but incapable of bringing the ���black sheep��� within the bureaucracy under the disciplinary net. There were enough loopholes within these measures to enable such elements to exploit them, the RAC felt.

Existing provisions in the Constitution follow the principle of natural justice, and give tainted officials an opportunity to present their side of the story over a period of time after disciplinary proceedings are initiated against them. Unlike other countries, which follow a single inquiry system, disciplinary proceedings tend to drag on for long, and give enough room for the accused to plot their survival.

Article 311 details the exit-route for such civil servants. Two procedural safeguards are prescribed for the civil servants here.

While the first asserts that an official shall not be dismissed or removed by any authority subordinate to that by which he was appointed, the second one points out that no dismissal, removal or reduction in rank shall be ordered against a civil servant unless he has been given ���a reasonable opportunity��� to be heard.