ACB probe by contract staff: Fate of only 2 cases hinges on court order

Geetanjali Gayatri

Chandigarh, November 14

Of the numerous cases under investigation by the Anti-Corruption Bureau (ACB), the fate of only two will depend on the final order of the court as regards “procedural lapse” where contractual appointees were involved in the investigation process.

Twin probes

• One case is already in the High Court in which an interim order has been passed to withdraw investigation from persons engaged on contract basis
• The second case, pertaining to another IAS officer, was investigated by a person appointed in the DSP-rank

The defence

• Sources say the appointment of retired CBI officials has been made in keeping with the government order and there is no illegality involved
• As the ACB was not created under the Police Act, but by an executive order, the government can appoint others against non-cadre posts, they say

One case is already in the court in which an interim order has been passed to withdraw probe work from such persons. The second case, pertaining to another IAS officer, was investigated by a person appointed in the DSP-rank.

Though the ACB has withdrawn probe work from the persons engaged on contract following an interim order by the Punjab and Haryana High Court, sources said the appointment of retired CBI officials had been done in keeping with the government order and that there was no illegality involved.

“We will elaborate our contention in the reply to be filed on the next date of hearing in the case,” sources said.

Three persons are presently engaged on contract basis, while one persons engaged by the ACB has recently quit. “The only technical issue is that these persons were appointed as consultants. This means they can carry out an inquiry, but cannot be involved in the investigation. The ACB recruited them primarily to use their vast experience for guiding it in the investigation. Also, this is only an interim order. We should wait for the final order in the matter before assuming anything,” an officer said.

Sources said only three of the seven posts in the bureau were cadre posts against which IPS officers had been posted. Stating that the ACB was not created under the Police Act, but by an executive order of the government, sources said the government could appoint others against non-cadre posts.

“The ACB has staff on deputation from various departments, including the Haryana Police. However, the staff requirement cannot always be met since there is shortage even in the parent department. At present, around two-third posts are vacant in the ACB. Though the decision to make contractual appointments was approved in 2016, it was only recently that such appointments could be made after some retired CBI officials showed willingness to join the ACB. We were keen on taking serving CBI officials on deputation, but they also have a shortage and the move did not elicit any response,” the source added. There was nothing amiss in these contractual appointments which the government would explain in its reply to the court, they added.