NEW DELHI, May 23: In what might have a bearing on the fodder scam, chief ministers of all states are being asked to endorse a recommendation favouring time-bound permission to the Central Bureau of Investigation (CBI) when it seeks prosecution of public servants.

The recommendation figures in the `Action Plan for Effective and Responsive Government' which will be placed before a chief ministers' conference tomorrow. It is mentioned in the section devoted to tackling corruption one of the nine points which form the action plan drafted by the Union Personnel and Public Grievances Ministry.

The chief ministers will also be required to discuss and possibly approve a draft Code of Ethics for Public Services, which frowns upon bureaucrats currying favours from politicians and encourages them to turn down illegal orders from their superiors.

But the United Front chief ministers might chose to tread with caution when it comes to the anti-corruption recommendation, as it could be seen as adopting a stance against Bihar Chief Minister Laloo Prasad Yadav. Turning down the recommendation might also be embarrassing: it will be seen as going slow on the coalition's commitment against corruption in high places.

The recommendation in fact echoes the recent ruling of the Patna High Court which implied that the Bihar Governor could not sit indefinitely on the CBI's request to prosecute the Chief Minister in the fodder scam. The action plan recommendation says there should be ``no scope for any interference in the prompt prosecution and punishment of corrupt public servants''.

It adds that permission for prosecution ``should be given within a prescribed period to investigating agencies like the CBI where prior approval has been stipulated''. It also includes a caveat that norms against frivolous complaints should also be laid down.

The recommendation does not specify whether or not the term ``public servant'' includes politicians. But in an earlier recommendation in the same section the action plan mentioned the proposed Lok Pal Bills, and hoped that it would ensure vigorous probes into allegations against ``ministers and public functionaries''.

The Action Plan has also suggested that the states include a proposed Code of Ethics for Public Services drafted by the Centre into the existing Code of Conduct Regulations for State services. The Code asks government employees to ``decline to implement'' any instruction from their ``superior authority'' if there are reasonable grounds to believe that they are being asked to act in a manner which is ``illegal or against prescribed rules and regulations''.

A government employee will also the right to bring the facts to the notice of the Head of Department, the Chief Secretary (Cabinet Secretary in the Central Government) or the Minister. The Chief Secretary (or the Cabinet Secretary) will be bound to ``examine the issue carefully'' and advise the Chief Minister (or the Prime Minister). The 21-point draft code also frowns upon politicians and bureaucrats getting too close.

``Employees in public services should maintain their independence, dignity and impartiality by not approaching politicians and outsiders in respect of service matters or private benefit.'' The document returns to the theme in the section where it suggests setting up civil service boards in the states, charged with recommending to the Government transfers and postings of officials including District Magistrates and Deputy Superintendents of Police.

``It is quite commonplace in several states to see mass transfers of senior officials at the district and Secretariat level wherever there is a change of Government or leadership,'' the document reminds. It says while the Conduct Rules allow opportunities to contest suspensions, demotions and dismissals, they do not provide safeguards against ``unjustified transfers.''

The action plan says that employees who bring ``political or other extraneous pressure'' on the ``transferring authorities'' should be liable to disciplinary action and strict punishment. Such action should be initiated even when references are received by Heads of Department from outside agencies including politicians, members of public as well as bureaucrats. These guidelines should be seen to be carrying the authority of the Chief Minister ``so that a proper message goes down the entire system''.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.