1. Confidential
reports on corrupt officers: -
The officers, who become notorious for corruption, generally, start their corrupt practices in a small way and gradually enlarge their activities if they are not checked in the initial stage. If the Head of the Department is vigilant and makes efforts to know what his subordinates are doing, not only inside their office, but outside, he will often get information, soon after an officer starts indulging even in small corruption and if at that stage the officer is called and reprimanded, he will most probably reform himself. In those cases, in which an officer has been reprimanded once, but is again complained of, some more severe action viz., transfer to a less important charge or an adverse remark in the confidential annual report, could be taken. For this purpose, it would be useful if each officer, maintains a confidential register in which he may enter all the information that comes to his notice, and which has a bearing on the integrity of the officers immediately subordinate to him. This register will also come in handy at the time of writing annual confidential reports. In this connection, as officer should keep a careful eye on the standard of living and social habits, etc., of his immediate subordinates of Gazetted rank, so as to know if any of them are living beyond their means. Remarks about integrity are not always make freely in confidential annual reports. Even when 172 Cir. No. (10) something damaging is known it is not mentioned because, if challenged, the entry may have to be justified. It is necessary that there should be no reservation in making such, entries in the Personal Files.
2. Expeditious action to be taken
in disciplinary cases of corruption: -
In most of the disciplinary cases delay could be avoided, if the disciplinary proceedings are pursued from day to day, by the concerned officers. This is necessary because a time lag of a few years between the starting of the investigation against an officer and the punishment awarded to him, reduces much of the effect of the punitive action. As for the actual conduct of disciplinary proceedings, delays could be avoided by entrusting important cases, especially against Gazetted Officers, to one of the Senior Officers in superior ranks. In Departments where the number of disciplinary proceedings against Non-Gazetted Officers is high, special enquiry officers could be appointed for conducting oral enquiry in such cases.
3.
Punishment to be imposed on officers in proned cases of bribery and corruption:
-
In most of the departmental inquiries the charges relate to some departmental misdemeanour or negligence in the discharge of duties. Quite often, however, such negligence in the shape of failure to take some action or breach of departmental rules is attributable to corrupt motives, even though it may be impossible to prove actual mala tides. Such corrupt motives come into play in most of the cases, in which some pecuniary advantage has been given to some contractor etc., at the cost of Government. In all such cases viz., involving a substantial loss to Government and a corresponding gain to the Contractor etc., severe punishment which should generally be dismissal, should be awarded even though the charge, which is established, relates only to negligence or breach of departmental rules. The importance of awarding adequate punishment in proved cases of corruption cannot be over-emphasised. Administrative consideration should not be allowed, as a general rule, to influence the action to be taken in such cases. No punishment other than that of dismissal should be considered adequate in proved cases of bribery and corruption; and if any lesser punishment is to be awarded in such cases, adequate reasons should be given for it in writing.
4. Action
to be taken against officers with respect to whom evidence for prosecution or
departmental action may not be available: -
It
is desirable that some action should be taken even against those officers, with
respect to whom sufficient evidence for prosecution or departmental action may
not be available. Such action can only be administrative and can broadly be
classified as follows: -
(i) Expression of
displeasure by the Head of the Department or the Government.
(ii) Transfer to a less
important charge.
(iii) Reversion to
substantive rank, where it is possible without resort to regular Disciplinary
Proceedings; and
(iv) Premature retirement.
