Mumbai: Facing criticism over non-compliance with cases registered by the Anti-Corruption Bureau (ACB) against tainted officials, the state government has issued new guidelines to remove hurdles.
The 8-page guidelines have been issued by the General Administration Department (GAD) headed by Chief Minister Devendra Fadnavis, who also heads the Home Department, under whom the ACB functions.
As per data with the ACB, the approval is pending in 355 cases, of which 305 cases are pending for more than three months. The police department tops with 80 cases, of which 65 cases are pending for more than three months either with the state government or with the competent authorities. The Rural Development Department holds number two position with 58 cases, followed by the Revenue Department with 47 and the Urban Development Department with 45 cases.
It has emerged that various state departments have not suspended 178 government employees even though they fulfil the stipulated criteria.
Here, the School Education and Sports Department tops the list with 43 such officers, followed by the Urban Development Dept with 34, the police, prison and home guards with 24 and the Revenue with 21 officers.
The guidelines say ACB should submit such proposals directly to the concerned department instead of routing it through the Home Department. The state department concerned have to take permission from the Chief Minister through the respective ministers if the matter pertains to the gazetted officers, Class A or above. For the rest of the officers from Class B to D, their appointing authorities will take the call.
The GAD says the ACB have to submit proposal for prosecution after completing the investigation within 3 months, along with the draft charge sheet and related papers. The Additional Chief Secretary (Home) will review the cases in which a proposal for seeking permission for prosecution has not been submitted within 6 months. If the department feels that the case is fit for prosecution, it will not refer it to the Law and Judiciary Department- unless the department is unable to arrive at a decision.
The departments will ensure the decision is taken on ACB proposals in 3 months. Proposals rejected by the department will be submitted to the chief secretary with reasons for the rejection. The orders for nod to prosecute must have clarity to ensure they are not rejected by courts.
After the permission, ACB will file the chargesheet before the court in a month. Tainted officers will be suspended soon after a report is received from the ACB, the GAD guidelines say.
