They have also taken the plea that vigilance bureau has not taken permission from the government u/s 17-A of the prevention of corruption act, which says that no police officer shall conduct an investigation or inquiry in any offence alleged to have been committed by a public servant under this act without the prior approval of competent authority which is the chief secretary. Interestingly, section 17-A prohibits investigation without prior permission in case the officer is in discharge of his official duties. The vigilance bureau sources point out that indulging in corruption is not covered under this act.
Section 17-A of the Prevention of Corruption Act says, “No police officer shall conduct any inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official duties, without the previous approval of the government.”
A similar stand was taken by the Haryana bureaucracy while denying sanction for prosecution in the case of an HCS officer, Amrinder Singh, who during his posting as a DTO, was booked for allegedly charging money for allowing safe passage to overloaded trucks. The Haryana Chief Secretary office while denying grant of sanction for prosecution of the suspended HCS officer, the Chief Secretary directed the Director General of Vigilance Bureau, Haryana to fix responsibility of those who were involved in arresting the officer without seeking prior permission and for “apparent wilful violations” of the provisions of the Prevention of Corruption Act.
However, the Haryana CM after seeking legal opinion from the Advocate General, Baldev Mahajan, took a strong stand and gave sanction for prosecution of the HCS officer. It is reliably learnt that some Punjab IAS officers are regularly in touch with their Haryana counterparts for consultations as the developments have thrown a challenge to the supremacy of the hitherto “privileged class “.
Some bureaucrats admit that IAS officers are given numerous ‘tips” during their training at Lal Bahadur Shastri Academy, Mussoorie, to cover up their various acts of omissions and commissions e.g. loopholes in taking sanction under the above section of the P.C Act.
In a related development, the Haryana government has given sanction for prosecution in a case related to allotment of a school site in Gurugram against rules. The role of a senior IAS officer, who was heading Haryana Shahari Vikas Pradhikaran at that time, has been highlighted in the FIR, registered by SVB Gurugram. An alleged tout of the officer has already been arrested and investigations are underway. Chander Mohan, SP, SVB, Gurugram refused to share details of the case but “Tehelka“ is in possession of the copy of the FIR.
