Having been embarrassed over the appointment of P J Thomas as central vigilance commissioner while a sanction for prosecution was pending against him for 10 years, the Centre is looking to streamline disciplinary action to ensure the process does not take more than a year.
Apart from the most obvious hurdle to Thomas’s candidature in the form of a chargesheet in the palmolein case, the Centre tripped over the prosecution file lying in the DoPT on which no view was taken. While the sanction for prosecution deals with cases that will be tried in court, the government is considering whether it can complete disciplinary proceedings where it decides penalties within a fixed timeframe. The issue of prosecution sanctions should need less than a year.
While in the palmolein case Thomas has argued he has not been able to plead his case in the trial court because of repeated stays obtained by the late K Karunakaran, it has been often found that by the time DoPT takes a view on a prosecution request or a disciplinary matter, the officer has retired. At other times he or she is simply untraceable.
The DoPT is looking to speed up its proposals on assessing sanctions and may also consider the need for a “speaking order” when a request is rejected. As of now no explanation is called for denying sanction. Detailing reasons would be a step towards a more transparent regime in a situation where the bureaucracy is judging its own brethren. When contacted, cabinet secretary K M Chandrasekhar said the government wanted to ensure requests for sanction or disciplinary action are dealt with thoroughly and promptly.
Source:- The Times of India 26 December 2010 Delhi Page No.11
Apart from the most obvious hurdle to Thomas’s candidature in the form of a chargesheet in the palmolein case, the Centre tripped over the prosecution file lying in the DoPT on which no view was taken. While the sanction for prosecution deals with cases that will be tried in court, the government is considering whether it can complete disciplinary proceedings where it decides penalties within a fixed timeframe. The issue of prosecution sanctions should need less than a year.
While in the palmolein case Thomas has argued he has not been able to plead his case in the trial court because of repeated stays obtained by the late K Karunakaran, it has been often found that by the time DoPT takes a view on a prosecution request or a disciplinary matter, the officer has retired. At other times he or she is simply untraceable.
The DoPT is looking to speed up its proposals on assessing sanctions and may also consider the need for a “speaking order” when a request is rejected. As of now no explanation is called for denying sanction. Detailing reasons would be a step towards a more transparent regime in a situation where the bureaucracy is judging its own brethren. When contacted, cabinet secretary K M Chandrasekhar said the government wanted to ensure requests for sanction or disciplinary action are dealt with thoroughly and promptly.
Source:- The Times of India 26 December 2010 Delhi Page No.11
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