2021-06-14 18:00:02
The role of civil servants is to take decisions which have huge ramifications on the socio-economic growth of the country. However, instances of wrongful prosecution of honest officers deeply impact the morale of honest officers. It has multiple effects on the functioning of civil services in India:
Affect on the functioning of the civil services
Impact on decision-making of officers: Officers will be averse to expressing their views. This may further aggravate red-tapism due to fear of departmental action for their incorrect decisions.
Hampers economic growth: With increasing private sector participation in public services, fear of prosecution may restrict honest officers to take progressive, bold and courageous decisions across sectors. Delay in taking key decisions will lead to poor governance.
Tool to harass honest officers: Corrupt political leaders and bureaucrats may harass honest officers through baseless complaints and investigations.
Impact on reputation of honest officers: Prosecution of honest officers leads to mental agony and heavy financial loss besides being defamed in the society.
Measures to ensure that honest civil servants are not implicated for bonafide mistakes
Ensuring maximum transparency in administration: The key policy making decisions should be made ensuring maximum clarity and openness about how decisions are taken. This will prevent blaming select individuals for incorrect decisions.
Legislative actions: As recommended by the Hota Committee report, amendment to Section 13(1)(d) of Prevention of Corruption Act , 1988, that deals with criminal misconduct by a public servant is a welcome step. It will protect honest civil servants from malicious prosecution and harassment.
Reducing politicization of bureaucracy: The fear of transfers, denial of promotions, or being punished post retirement may impact decision making of officers. Ensuring fixed tenure to civil servants is a much needed step for systemic reforms in civil services.
Role of institutions: Approach of judiciary: In a democracy and a rapidly growing economy, courts have to make decisions with a very constructive interpretation of laws. It must clarify the distinction between corruption and wrong administrative decisions.
IAS Association of India and other civil society groups should support and stand by honest officers undergoing wrongful prosecution.
Creating internal oversight mechanisms: Internal enquiries in each department should consider integrity and past career record of officers before recommending for criminal investigation of bonafide decisions.
Justification
Since every decision taken may not prove to be correct in the long run, it is unjust to prosecute honest officers for genuine mistakes. Young and aspiring civil servants should preserve the key values of honesty, impartiality and fearlessness.
Dynamic and honest officials, who are risk-takers for the greater good, must be encouraged, not restrained. No bureaucrat or public official should be fearful for a bona fide decision.
Officers must stick to honesty and righteousness and ultimately there is victory of right over wrong. As the national motto suggests – Satyameva Jayate: Truth alone triumphs; not falsehood.
For ex: Former coal secretary HC Gupta who is known for his integrity and clean career record was acquitted by the Delhi High Court after CBI failed to prove the charges of criminal misconduct against him in the coal scam.
Thus, the need of the hour for the civil servants is to follow the code of ethics along with code of conduct.
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