The case of former coal secy and the anti-corruption law

HC Gupta would have had some relief if the pending amendments were cleared

GN Bureau | May 23, 2017


#Prevention of Corruption Act   #bureaucracy   #corruption   #HC Gupta   #UPA   #coal scam  
Illustration: Ashish Asthana
Illustration: Ashish Asthana

 
A senior bureaucrat, apparently much respected among the administrative circles, faces two years in jail. His crime: a decision that may have come from the political leadership.
 
HC Gupta, a former coal secretary, is among the three bureaucrats convicted by a special court in a coal block allocation case. They have been slapped with two years in jail and a fine of Rs 1 lakh each, though court has granted them bail to appeal in the Delhi high court.
 
CBI had charged Gupta with presenting false information before the minister – prime minister Manmohan Singh was holding the charge of the coal ministry back then.
 
The court had last week convicted Gupta, KS Kropha (then joint secretary in the coal ministry) and KC Samaria (then director, coal allocation- i section of the ministry) of criminal conspiracy and cheating under the Indian Penal Code and for corruption under the Prevention of Corruption Act.
 
There are two issues at stake here: one, the responsibility of the bureaucrat in executing what may essentially be a political call, and two, the pending bill to amend the Prevention of Corruption Act which, among other things, aims to provide relief to bureaucrats in such circumstances.
 
As Mukul Sanwal, a former secretary to the government of India, explained in his column in Governance Now, the definition of corruption in Section 13(1)(d) of the existing PCA covers various indirect forms of corruption including the obtaining of “any valuable thing or pecuniary advantage” by illegal gratification or by “abusing his position as a public servant”. The section defines “Abuse of Official Position” under the overall category of “criminal misconduct by a public servant”. The amendment bill replaces this section with a definition of criminal misconduct by a public servant in terms of fraudulent misappropriation of property under one’s control, and intentional, illicit enrichment and possession of disproportionate assets. 
 
“Currently, an investigating officer has only to establish that legal provisions, guidelines and rules were violated which led to pecuniary advantage to somebody, including a third party, and not necessarily the public servant. There is no requirement to prove a direct trail of money, or any other quid pro quo, with respect to the public servant in the decision-making process. 
 
“This anomaly of treating administrative decisions as part of a criminal conspiracy is now sought to be rectified in the amendment to the PCA recently approved by the select committee of the Rajya Sabha. It conforms to widely accepted international practice and is far from being a conspiracy of the ‘political establishment’ reflecting the ‘power of babudom’,” writes Sanwal.
 
The amendment bill has been subject to much debate, especially for the shield it offers to the bureaucrats. “The bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets.  Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the bill,” explains the PRS Legislative Research in its analysis of the bill.
 
This necessity arose in the scam-a-day times of the UPA regime, when bureaucrats were perceived to be afraid of taking administrative decisions, leading to what was called policy paralysis.
 
On the other hand, a section of anti-corruption activists has opposed raising “the threshold to establish the offence”, as it may weaken the fight against graft – even if Gupta’s case seems one of a kind.
 
One way out, arguably, is what Sanwal advocates: “The problem in dealing with it is not the revival of the ‘single directive’, requiring prior approval of government or Lokpal to initiate an inquiry into allegations of corruption against public servants. The real problem is the focus on a single definition of corruption unrelated to criminality, the organisational context ignoring the many ways corruption now takes place and the enforcement model.”
 

Comments

 

Other News

Voting by tribal communities blossoms as ECI’s efforts bear fruit

The efforts made by the Election Commission of India (ECI), over last two years, for inclusion of Particularly Vulnerable Tribal Groups (PVTG) communities and other tribal groups in the electoral process have borne fruit with scenes of tribal groups in various states/UTs participating enthusiastically in t

GST revenue for April 2024 at a new high

The gross Goods and Services Tax (GST) collections hit a record high in April 2024 at ₹2.10 lakh crore. This represents a significant 12.4% year-on-year growth, driven by a strong increase in domestic transactions (up 13.4%) and imports (up 8.3%). After accounting for refunds, the net GST

First Magahi novel presents a glimpse of Bihar bureaucracy a century ago

Fool Bahadur By Jayanath Pati (Translated by Abhay K.) Penguin Modern Classics, 112 pages, Rs 250 “Bab

Are EVs empowering India`s Green Transition?

Against the backdrop of the $3.5 billion Production-Linked Incentive (PLI) scheme launched by the Government of India, sales of Electric Vehicles (EVs) are expected to grow at a CAGR of 35% by 2032. It is crucial to take into account the fact that 86% of EV sales in India were under the price bracket of $2

When Nandini Satpathy told Biju Patnaik: ‘I’ll sit on the chair you are sitting on’

Nandini Satpathy: The Iron Lady of Orissa By Pallavi Rebbapragada Simon and Schuster India, 321 pages, Rs 765

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter