The Department of Personnel and Training (DoPT) has circulated a set of Standard Operating Procedures (SOPs) for investigating corruption cases against public servants to the Chief Secretaries of the States and Administrators of the Union Territories. In keeping with the provisions of Section 17 A, the SOPs provide for stage-wise processing of information received by a police officer, specifying rank of police officers to seek prior sanction for probing different ranks of public servants and consideration of sanction by appropriate authority among others. The move could make it more difficult for investigation teams to enquire against high ranking public servants like ministers or senior bureaucrats.
The premier anti-corruption investigation agency CBI has already been following a SOP of seeking the Director’s approval before initiating a probe against ministers or senior government officers, sources in the agency said. While safeguards are already enshrined in the Prevention of Corruption Act to protect officers from unnecessary probes, the additional layer of scrutiny in the SOPs will make probe more difficult against top public servants. The anti-corruption agencies gather evidence and details of a case and if the enquiry is stalled at this stage, formal investigation through an FIR will not see the light of the day.
The SOPs provide 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 chief of Public Sector Undertaking, only a Director General of police or in case of CBI, the Director can approve the probe.
Likewise, 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 through an amendment, 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.
The SOPs provide for stage-wise processing of information received by police officers, specifying the rank of police officers under Section 17A in respect of different rank of public servants, consideration of the proposal under Section 17A by the appropriate authority or government and laying down a 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,” reads the SOP issued on September 3.
Detailing the process to be followed by the probe agency the SOP said, “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.”