Haryana: VB, police can act against officers without govt nod

Tribune News Service

Geetanjali Gayatri

Chandigarh, July 26

In a move aimed at giving more teeth to the anti-corruption machinery, the Manohar Lal Khattar government has allowed the Vigilance Bureau and the Police Department to proceed against a public servant in “trap cases” or those that are ex facie criminal in nature without seeking prior permission of the government.

Cases pending with Chief Secy’s office

• Proceedings can be initiated against a public servant in “trap cases” or those that are ex facie criminal in nature
• Permission was, so far, mandatory for initiating an inquiry against any IAS, IPS or other senior officers
• A number of permissions for probe of officers in various matters are pending in the Chief Secretary's office
• A ‘trap case’ means a case involving the arrest of a person on the spot on charges of accepting or attempting to accept undue advantage for himself or someone else

This permission was, so far, mandatory for initiating an inquiry or investigation against any IAS, IPS or other senior officers.

An order further clarifying the standard operating procedure (SOP) for processing cases under Section 17A of the Prevention of Corruption Act, 1988, was issued by the office of the Chief Secretary here today.

Defining “trap cases”, the order says it implies a case which involves the arrest of any person on the spot on charges of accepting or attempting to accept any undue advantage for himself or any other person.

Going on to specify that an “ex facie criminal act” implies an offence of forgery (Section 465 of the IPC), cheating (Section 420), misappropriation (Section 403) and fraud (Section 421), and in case the investigating officer has any doubt, he can refer the matter to the competent authority.

Also, to ensure that the investigation is not delayed, the government, in all other cases of offence of corruption relating to any decision taken or recommendation made by the public servant in the discharge of official functions where prior permission of the government is required, would now convey the decision about proceeding with the investigation against the officer within 15 days.

Earlier, the competent authority was allowed three months, extendable by another month, to convey this decision, sources said. The order sent to administrative secretaries, heads of departments, commissioners and deputy Commissioners, mentions strict compliance of the orders.

A number of permissions for investigation of officers in various matters are pending in the Chief Secretary’s office, some for over two years.

The sources said the order had its trigger in action initiated against an HCS officer after which the issue of prior government permission was raised. In subsequent meetings chaired by the Chief Minister, the matter was discussed in the light of various judgments.

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