The Central Vigilance Commission (CVC) has sought a change in service rules so that punitive action can be taken against chiefs of regulatory bodies like TRAI and IRDA if they indulge in corruption. There is no provision, at present, in the rules to initiate action against the heads of such autonomous bodies for any ‘misconduct’, it said.
The heads of autonomous bodies constituted under specific Acts viz All India Council for Technical Education, Telecom Regulatory Authority of India, Petroleum and Natural Gas Regulatory Board, Insurance Regulatory Development Authority, Medical Council of India and Dental Council of India are appointed by the central government for a fixed tenure under the provisions contained in the respective statutes.
Such statutes empower the Central Government to frame rules for governing terms and conditions of service or appointment of heads of these autonomous organisations.
“It is, however, observed that the rules notified by the Central Government to regulate the terms and conditions of appointment of heads of autonomous organisations do not contain any provision for initiating disciplinary action against them in respect of misconducts committed during their tenure of posting,” the anti-corruption watchdog said.
In one instance, the Commission observed, no disciplinary action could be taken against the head of an organisation in the absence of any specific provision contained in the terms and conditions for his appointment. The whole exercise of (preliminary) investigating in the the case turned out to be futile as no action could be taken against the head of that organisation for the misconduct, CVC said.