(Reproduced from the Times Of India pg 5 October 30, 2007)

CRIME AND PUNISHMENT
Government amends rules to reinstate tainted officials

Prafulla Marpakwar I TNN

Mumbai: The Vilasrao Deshmukhheaded general administration department recently amended the rules to allow the quick reinstatement of tainted officials caught by the anti-corruption bureau or booked in criminal cases.

On July 20, 2006, the department had prescribed that an official caught by the ACB or involved in a case of disproportionate assets, murder, attempt to murder or rape should not be reinstated and that the government should wait for the court verdict. An offence that involved an imprisonment of a minimum of three years was considered a serious one. But a week ago, the department amended the 2006 circular and increased the period from three to five years.
 “Cognisable and non-bailable offences that involve imprisonment up to three years will not be considered serious, as was the case earlier,’’ a senior official told TOI.

In view of the amended circular, the department has asked the departmental heads to submit all cases of suspension—in which the jail term is not more than three years—before the establishment board for review within a year from the date of suspension.

Second, in the case of a serious crime, the suspension will continue till the court verdict comes. As far as cases registered by the ACB are concerned, the department has directed that these be placed before the competent authority within a year for review.

Justifying the new circular, the government official pointed out that in several cases it was found that after a stipulated period, an employee under suspension was entitled to almost 80% of his salary. Under such circumstances, it was felt that as the government was already paying the salary, there was nothing wrong if he was reinstated. “Once the verdict is delivered, we are empowered to dismiss him if found guilty,’’ the official added.

  According to reports, an estimated 7,000 employees across the state are under suspension, of whom 80% have been booked by the ACB either for taking bribe or being involved in disproportionate assets cases.

prafulla.marpakwar@timesgroup.com

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