The Hindu : New Delhi News : Weeding out the black sheep

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Saturday, Oct 23, 2010
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New Delhi

Weeding out the black sheep

A Vigilance Department circular approved recently by Delhi's Police Commissioner Y. S. Dadwal directing disciplinary authorities to complete all pending departmental enquiries within three months beginning November 30 can prove to be a path-breaking decision in weeding out unscrupulous elements from the force.

The circular came after a detailed analysis of data on departmental enquiries made some startling revelations. Police records have shown that over 500 cases under the Prevention of Corruption Act and nearly 1,300 cases of other criminal proceedings against policemen have been pending in different courts for years. The cases also involve serious allegations of criminal assault on women and even dacoity.

In corruption matters, departmental enquiries were kept in abeyance in 67 cases and not initiated at all in 198 cases. Enquiry proceedings were kept in abeyance in 86 other criminal cases and not instituted in 841 cases.

Most of the accused policemen were reinstated in due course and continued to serve the force. In a considerable number of cases where enquiries were instituted, proceedings were stalled on various pretexts.

The circular states that such a scenario indicated apathy or inaction on the part of the disciplinary authorities towards corruption and criminal activities leading to no respect for rules.

One of the usual excuses put forth by the accused policemen for non-continuation of departmental enquiries was that they could not divulge the evidence in their defence as it would jeopardise their case in court. “It is an outright flawed argument. The fact is that in court proceedings guilt has to be proved beyond doubt for which each and every piece of evidence has to be weighed. However, departmental enquiry can be decided merely on the preponderance of probability of offence,” said a senior police officer.

Clearing the air in view of Supreme Court orders, the authorities concerned had issued a standing order in 2008 stating that simultaneous departmental enquiry could be carried out in such cases.

This was reiterated through a circular in 2009 and officers were told to justify their decision not to initiate an enquiry and accordingly consult the chief vigilance officer concerned, that is the Special Commissioner of Police (Vigilance). However, it is learnt that just a couple of such cases have so far been brought to his notice.

With the issuance of the latest circular, all the disciplinary authorities have been made accountable for time-bound departmental enquiries. They have to initiate or resume pending enquiries in fit cases by November 30. The respective Joint Commissioners of Police have also been directed to keep a close watch on the status of the enquiries.

Says a senior police officer, “Court proceedings may take several years to arrive at a decision. If found guilty by the court later, these policemen are allowed to remain in service during such period, it would have an adverse impact on the overall police functioning. Also, it is an irony that during recruitment, antecedents of all candidates are thoroughly checked to ensure that none of them has any dubious background.”

“On the other hand, no concrete steps are taken to ensure that the black sheep in the force are identified and weeded out. While concerted efforts should be made in this regard, the role of disciplinary authorities in previous departmental enquiries should also be probed,” says the officer, suggesting that the matter also warrants attention of the Union Home Ministry.

Devesh K. Pandey

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