The ministry of personnel has issued standard operating procedures (SOPs), in connection with Section 17A of the amended Prevention of Corruption Act, for probe by anti-corruption agencies that could make it more difficult for investigation teams to enquire against ministers or public servants.
A CBI official told News18 that the premier anti-corruption agency has already been following the SOP of seeking the director’s nod before starting probe against ministers or senior government functionaries. “We have been following this system for some time now, the check list mentioned in the SOP will make it easier for the designated officer to decide if permission should be given or not,” the officer said.
An officer who has previously worked in the anti-corruption unit of a state, however, said the SOPs are meant as double layer protection for government functionaries and will make probe difficult. “It is only during preliminary enquiry that we get more evidence and details of a case. If a PE is struck down on grounds of insufficient material at the prior approval stage, it may not be the correct decision in some cases,” the officer told News18.
The SOPs state that any probe officer who finds material against a government servant will have to seek approval from a designated officer who would then decide if the case is fit for the “enquiry, inquiry or investigation”.
For Union Ministers, Chief Ministers, Supreme Court Judges and Public Sector Undertaking chief only a Director General of police or in case of CBI, the director can approve the probe. For senior bureaucrats in the government and senior management in the PSU it can be DGP/ Director or ADG rank officers. IGs can decide on middle management while DIGs on junior management level officers.
Section 17A of the Prevention of Corruption Act, which was introduced in 2018 has already ensured that government functionaries cannot be probed for decisions taken during their stint with the government unless caught red handed in the act of corruption. Retired CBI officials point out that such a clause would have made it difficult for the CBI to charge sheet secretary level officers on coal and 2G scam if such a provision existed back then.
With the fresh SOPs, the Union government seeks to streamline the process of anti-corruption probe. The SOPs provide for amongst other things:
1. Stage-wise processing of information received by police officers
2. Specifying the rank of police officers under Section 17A in respect of different rank of public servants
3. Consideration of the proposal under Section 17A by the appropriate authority or government
4. Laying down single window for receipt of proposal.
“It may be emphasised here that the provisions of section 17A stipulate a mandatory requirement for a Police Officer to seek previous approval for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties,” the SOP issued on September 3 stated.
Detailing the process to be followed by the probe agency the SOP states, “The Police Officer of Appropriate Rank shall make a proposal to the Appropriate Government or Authority, as the case may be, through the single window procedure as laid down by these SOPs and shall ensure that the proposal is in accordance with the requirements laid down in the Check List and encloses clear, legible and authenticated documents, as may be required.”
Separate proposals will have to be submitted for enquiry, inquiry or investigation, as the case may be. SOP mandates that the complete proposal be submitted in a sealed cover in accordance with the specified check list.
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