State apathy shields corrupt babus: ACB awaits govt sanction to prosecute 447 public servants

MUMBAI: The Maharashtra anti-corruption bureau (ACB) is awaiting the state government’s sanction to prosecute 447 public servants arrested in bribery cases this year. Statistics compiled by the bureau show at least 143 public servants among them have not been suspended by their respective departments while 13 government servants convicted in corruption cases have not been dismissed from service by their respective departments.

Inordinate delay in sanction

Among the 447 cases where the ACB is awaiting sanction to prosecute accused officers, 125 matters are pending with the state government, while 322 are pending with various departments.

“Section 17(A) of the Prevention of Corruption Act gives public servants certain freedoms to go about their work. So, it needs to be ascertained if their decisions are in pursuit of official duties or otherwise. This is why section 19 of the Act makes it mandatory to obtain sanction for prosecution,” said a police officer.

Delay in procedural aspects is the prime reason for high pendency in cases registered under the Prevention of Corruption Act, the officer noted. “As the disposal time is stretched, the complainant’s interest in the case deteriorates, and witnesses either make mistakes during deposition or become untraceable, leading to acquittals,” said the officer.

In similar vein, the supreme court, while adjudicating on a matter under the Prevention of Corruption Act in October 2022, observed, “Delays in prosecuting the corrupt breeds a culture of impunity and leads to systemic resignation to the existence of corruption in public life.”

Corrupt remain in service

ACB data shows at least 143 public servants who were nabbed red-handed while accepting bribes this year have not been suspended. Most of these officers are from the school education, sports, and town planning departments, said an ACB official. The data also shows that 13 officers are yet to be dismissed from service despite being convicted under the Prevention of Corruption Act.

“Whenever a public servant is arrested in a case registered under the Prevention of Corruption Act, we inform the concerned department about his arrest. Thereafter, it is the responsibility of the department to suspend the person if he remains behind bars for 48 hours or more,” said Vijay Patil, chief of ACB’s Mumbai division. The bureau informs concerned departments similarly when public servants are convicted in corruption cases. “Besides, we keep sending regular reminders to these departments to take appropriate action against such public servants,” said Patil.

As per procedure, the chief secretary plays a key role in ensuring action against corrupt public servants. He is supposed to conduct regular meetings with the ACB chief and heads of various departments and public bodies to check if public servants arrested/ convicted in corruption cases have been suspended/ dismissed. He is also supposed to check the status of proposals seeking sanctions to prosecute such officers so that the agency can file chargesheets and the courts can take cognisance of complaints against them.

“The meeting under the chief secretary which is supposed to happen every month does not happen because of his pre-occupation. Moreover, despite the ACB sending regular communications, the departments concerned shield their officers and do not suspend the arrested ones or dismiss those convicted,” said Pravin Dixit, former director general of police (DGP).

‘Name and shame the corrupt’

Dixit said the provision requiring government/ departmental sanction to prosecute corrupt officers should be done away with, at least in certain cases. “When an independent person like a judge scrutinises the documents and grants ACB custody of the accused public servant, we should not insist on sanction to prosecute them,” he noted.

Dixit said that during his tenure as DGP, ACB, he used to post photos of those arrested for taking bribes to shame them. “I also used to also post the names of officials with whom the sanction for suspension/ dismissal of the arrested/ convicted public servant was pending – to put indirect pressure on them to take a decision at the earliest,” he said.

“One of the reasons why convicted officers are not dismissed is because they keep on appealing against their conviction in various courts and keep on working with respective departments,” said a senior ACB officer.

The officer noted that the state government was also sitting on ACB’s proposals to attach properties worth ₹12.73 crore purchased through ill-gotten money by corrupt officials.

Right to information activist Jeetendra Ghadge, who has filed several applications with the ACB, warned that if corrupt officers are not penalised, it will only boost their confidence. “With the number of matters pending relating to bribery cases, one needs to consider if the state government is serious about reducing corruption. Though state government employees enjoy some amount of protection, such protection is neither a shield against dereliction of duty nor an absolute immunity against corrupt practices,” said Ghadge.