The Hindu : Karnataka News : Is taking bribe lesser evil than having disproportionate assets?

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Friday, Mar 28, 2008
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Karnataka

Karnataka

Is taking bribe lesser evil than having disproportionate assets?

Raghava M.

Anomaly in service rules allows an escape route to officials

Official can be suspended only after charge-sheets are filed
Lokayukta police books 30 officials in four months

BANGALORE: The various departments of the State Government are unable to act against officials allegedly possessing assets disproportionate to their known sources of income. The reason: an anomaly in the Karnataka Civil Services (Classification, Control and Appeal) Rules (KCSR) 1957, which allows an escape route to such officials.

This has placed the Lokayukta police in an embarrassing situation as the raids conducted by them, while prima facie yielding evidence of disproportionate assets, do not result in suspension of officials. On the contrary, officials caught red-handed while accepting bribes are immediately suspended. This, according to the Lokayukta, begs the question whether possessing disproportionate assets is less evil than acceptance of bribes.

The State Government is yet to take action on Lokayukta N. Santosh Hegde’s recommendation to amend Rule 10 of the KCSR which enables disciplinary proceedings against those found possessing disproportionate assets.

In the last four months, the Lokayukta police conducted a series of raids with the result that at least 30 officials from the transport, irrigation and revenue departments were booked for allegedly possessing assets disproportionate to their known sources of income. Additional Director-General of Police (Lokayukta) Rupak Kumar Dutta said raids against officials were conducted only after the Lokayukta police made themselves sure about the possession of disproportionate assets.

However, officials raided by the Lokayukta and found prima facie guilty continue in service as suspension is possible only after charge-sheets are filed against them under the KCSR. Normally, it takes three years for the Lokayukta police to complete detailed investigations and file charge-sheets.

To overcome the anomaly, Lokayukta Hegde had formally recommended to the Government to issue an executive order eliminating the distinction between the two classes of “corrupt” officials. The Government is yet to act on the recommendation.

Mr. Hegde said there cannot be any distinction between those caught accepting bribes and those found possessing disproportionate assets. “One is accused of accepting bribe, while the other has been accused of accumulating assets by accepting bribes over a long period. Such a distinction has no legal sanctity … no other State makes such a distinction.”

N. Ramalinge Gowda, the Medical Superintendent of Mandya Institute of Medical Sciences, using the existing distinction, challenged the order of suspension before the Karnataka Administrative Tribunal and got it quashed.

The Tribunal has received 26 copycat petitions. “Officials will try to exploit this anomaly and get relief. The Institution will be shown in poor light when such officials continue to function despite the charges made by the Lokayukta police,” Mr. Hegde said.

P.K.H. Tharakan, Adviser to Governor Rameshwar Thakur, told The Hindu on Tuesday that the Executive Committee headed by the Governor was considering the matter.

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