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Thursday, August 7 1997

White Paper on corruption a damp squib

Prafulla Marpakwar

MUMBAI, Aug 6: The much-publicised White Paper on Corruption (WPC) has turned out to be more an exercise in futility then a real sincere attempt to contain the menace, if the revealed strategy to meet the menace is anything to go by.

Not only does it fail to take cognisance of political corruption, but also fails to address the problem innovatively at the administrative level. ``Apparently the document has been drafted in a hurry without giving much thought as there is absolutely nothing new in it. By and large it contains all the rules and regulations in existence since more than last four decades,'' a senior official told The Indian Express.

At his weekly media briefing yesterday, Chief Minister Manohar Joshi had announced that the Cabinet had approved the draft of the WPC, which would be presented to Prime Minister IK Gujral on August 9.

As per Joshi's disclosure, the draft WPC places emphasis on termination of inefficient officials, better performance of Anti-Corruption Bureau (ACB) and strengthening of the institution of the Lok Ayukta. However, a close look at the WPC reveals that no serious thought has been given to these very issues.

In fact, the provision for termination of inefficient staff is already in existence in the Maharashtra Civil Service Rules (MCSR) since 1976. Under MCSR (Pension) Section 10 (4), the State Government is empowered to take a review of all the employees at the age of 49 and 54. The rule also empowers the State Government to terminate an inefficient official, if he is of doubtful integrity or in public interest. As per the provisions of the MCSR, a high-level committee headed by the Secretary of the respective Department must review the performance of the employees. The final decision on the termination of the employees is taken by the Cabinet Minister of the Department concerned.

As per the official records, the provision has been invoked very rarely. Even the alliance Government, which came to power in March 1995, did not invoke the provisions of the MCSR against erring officials. Secondly, it is binding on all the employees to file annual returns on their properties. However, there is no enforcement of these provisions too. The then Finance Minister Eknath Khadse had invited the wrath of the sales tax employees, when he asked them to file their annual returns.

``No White Paper is required to implement these guidelines. If these rules are implemented in letter and spirit, I do not think that any additional machinery is required,'' a top bureaucrat remarked. Commenting on the role of the ACB, the official said the immediate need was to set up a special court to dispose of pending cases. ``Even serious cases, where persons have been arrested after a successful trap, are pending for more than 15 years. If such a situation continues, then people will lose faith in the ACB,'' the official said, adding, the paper is silent on further strengthening the ACB, as has been done in several other states. ``At least in half-a-dozen states, the ACB has full powers. For direct trap cases, it does not require the permission of the Home Department as is prevailing in Maharashtra,'' he remarked.

What is more glaring is the casual approach towards the Lok Ayukta and Up-Lok Ayukta. ``The alliance Government has been promising to give more powers to these officials, but no steps have been taken in this direction,'' an official of the Law and Judiciary Department said. As of now the two bodies are toothless tigers as is evident from the manner in which the Government overturned the recommendations of Justice HH Kantharia, Lok Ayukta, against a former Secretary.

While the Lok Ayukta recommended disciplinary action and recovery of money from the Secretary, the Government absolved him after a Departmental inquiry. Not surprisingly, the White Paper, does not talk about giving more powers to the Lok Ayukta.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

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