GOVERNMENT OF ANDHRA PRADESH
Public Servants - Combating Corruption in Public Services - Maintenance of lists of Officers of Doubtful Integrity and Suspect Officers - Instructions - Issued.
GENERAL ADMINISTRATION (SPL. C) DEPARTMENT
Government places highest importance on providing clean and corruption free administration in the State. The Government have examined practices of the Government of India in maintaining annual list of Officers of Doubtful Integrity and obtaining vigilance clearance for promotions of Senior Officers from the Central Vigilance Commission and decided to implement the practice of the Government of India. Accordingly, the matter has been placed before the High-Level Committee on Anti-Corruption and the Committee in its meeting held on 26-10-2002 agreed that within a time span of three months the exercise for preparation of the following documents should be completed by all Departments in consultation with the Director General, Anti-Corruption Bureau, Hyderabad.
(a) List of Officers
of Doubtful Integrity,
(c) List of points or places of corruption.
(d) List of unscrupulous contractors, suppliers and firms.
(e) List of unscrupulous contact men.
LIST OF PUBLIC SERVANTS OF GAZETTED STATUS OF DOUBTFUL INTEGRITY:
It
will include names of those Gazetted Officers only who, after enquiry or during
the course of enquiry, have been found to be lacking in integrity. It will thus
include the names of the Officers falling under one of the following
categories:
(b) On charges of
gross dereliction of duty in protecting the interests of Government although
the corrupt motive may not be capable of proof.
(iii) Against whom
proceedings for a major penalty or a Court Trial are in progress for alleged
acts involving lack of integrity or moral turpitude.
(iv) Who were prosecuted, but acquitted on technical grounds and in whose case on the basis of evidence during the trial there remained a reasonable suspicion against their integrity.
The names of the Officers of the following categories should not be included in these lists:
(b) Officers against
whom an enquiry or investigation has not brought forth sufficient evidence for
recommending even a disciplinary case.
(c) Officers who have
been convicted of offences not involving lack of integrity or moral turpitude.
(d) Officers against whom disciplinary proceedings have been completed or are in progress in respect of administrative lapses, minor violation of Conduct Rules and the like.
(i) Withholding
Certificate of Integrity,
(ii) Transfer from a
"sensitive" post.
(iii) Non-promotion after consideration of his case, to a service, grade or post to which he is eligible for promotion.
(iv) Compulsory Retirement in the public interest
(otherwise than as penalty) in accordance with the orders issued by the
Government. This is now permissible on completion of the age of 50 with certain
exceptions.
(v) Refusal of
extension of service or re-employment either under Government or in Public
Sector Undertakings.
(vi) Non-sponsoring of names for foreign assignment
/ deputation.
(vii) Refusal of permission for commercial re-employment after retirement.
These
lists should include Officers of Gazetted Status against whose integrity,
honesty there are complaints, doubt, or suspicion. Lists to be finalized by
mutual discussion between the Department and the A.C.B. The following action
will be taken in respect of Officers on these agreed lists by the Departments
of the Public Undertakings and by the A.C.B.
(i) Closer and more
frequent scrutiny and inspection of their work and performance by the
Departments concerned, particularly 1n spheres where there is scope for
discretion or for showing favours.
(ii) Quiet check about
their reputation both by the Department and the A.C.B.
(iii) Unobstructive
watch of their contacts, style of living etc. by the A.C.B.
(iv) Collection of information by the A.C.B. of specific instances of bribery and corrupt practices.
List
of points or places of corruption;
(a) "Points"
are those of items of work and those stages at which decisions are taken or
orders are passed which provide scope for corruption namely, processing of
tenders, appraising, grant of quota certificates etc.
(b) "Places" would be sections, sectors, units of an Office/ Department I Public Undertaking. It may be emphasized that these are not lists of all those points and places where there is scope or likelihood of corruption, but only of those where corruption is believed to exist in substantial measure. The preparation of these agreed lists of points and places of corruption must necessarily be done by those in the filed. The D.S.Ps of local branches of A.C.B. with the assistances of Bureau headquarters will settle and prepare these lists after discussion with the Heads of Departments or Public Undertakings concerned. The Departments and Public Undertakings-can contribute substantially in the preparation of these lists. They are likely to have much greater appreciation of the position in their units or sections and they are in the best position to compile or to assist in compiling these lists.
(i) Closer
and more frequent scrutiny and inspection by the Department or Public
Undertaking of the work done at these points and places.
(ii) Surprise checks by
the Department or Public Undertaking.
(iii) Quiet and unobtrusive
watch by the A.C.B. followed by raids as and when appropriate.
(iv) Collection of
information about specific instances of bribery and corrupt practices so as to
initiate open enquiries.
These lists are to be prepared by the Departments and Undertakings concerned as they are in best position to do so. They need not be "agreed" lists. Copies of these lists should be sent to the A.C.B. for its information. The A.C.B. on its part will pass on to the Departments, Undertakings concerned any information regarding corrupt practices of Contractors, Suppliers, Firms etc., for their information and for considering as to whether the name of such contractor should be brought on their lists. Particular care should be exercised in the preparation of these lists. Departments concerned should lay down the criteria on the basis of which names are to be included in these lists. In respect of Building Contractors, the Departments concerned should appoint a committee to lay down such criteria and the Committee's recommendations will be circulated to all Departments concerned.
The Director General, Anti-Corruption Bureau and the Departments should take the following action in respect of the Contractors etc. on these lists.
(i) The lists should
be circulated by the Departments I Undertakings to their Officers enjoining
them to be careful and cautious in all dealings with such parties.
(ii) Closer check and
scrutiny by the Departments / Undertakings if the requests on applications,
made by such parties and of the contracts for works or supplies awarded to, or
executed by them and of any business or transaction, undertaken by them.
(iii) Quiet and unobstructive
watch should be kept by A.C.B. over the contracts or such parties in official
circles.
(iv) Collection of
information by the A.C.B. of specific instances of malpractices on the part of
such parties with a view to initiating open enquiries.
List of Unscrupulous Contact men:
The
A.C.B. should prepare lists of unscrupulous contact men who are suspected of
resorting to corrupt or irregular practices in their dealings with official
agencies. The names of persons on these lists will be communicated by the A.C.B.
to the Departments and Public Undertakings concerned. These lists may be
compiled with the following objectives:
(a) The information contained in these lists will be utilized when considering cases for accrediting of representatives of firms etc. Normally such unscrupulous persons should not be accepted as accredited representatives.
(b) The Departments and Undertakings concerned will issue directions to their Officers to be careful and cautious in dealing with unscrupulous contact men whose names are on these lists. They should avoid associating with them socially and accepting entertainment and gifts from them.
(c) The A.C.B. will exercise an unobtrusive check on the activities of such contact men and try to collect information about specific instances of malpractices in which they are involved.
