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Verification of Property Returns of top Public Servants

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Annual Property returns to be filed but only for immovable property ... Concentrate on the selected few and not get mired in quagmire of paper work ... – PowerPoint PPT presentation

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Title: Verification of Property Returns of top Public Servants


1
Verification of Property Returns of top Public
Servants
  • SUNIL KUMAR

2
Probity in Public Life
  • Why probity in public life?
  • Power in India is wielded by public servants
  • Public servants include both political executive
    as well as bureaucracy
  • Decline in standards of probity among public
    servants has high costs

3
Costs of low probity
  • India occupies 70th position in comity of nations
    as per Transparency International
  • Indian companies most prone to pay bribes for
    securing export orders
  • Over Rs.32000 crore paid as bribes every year in
    the country
  • Government loses about Rs.2 lakh crore every
    year due to tax evasion
  • Growth rate could increase by 1.5 per cent and
    FDI by 12 percent if corruption reduced to levels
    prevailing in Scandinavian countries

4
Objectives
  • Check declining standards of probity in public
    life
  • Eventually raise it to high levels obtaining in
    Scandinavian countries
  • Make public servants accountable to the public
  • Public servants to remain servants not become
    masters

5
Todays Situation
  • Over Rs.5 lakh crore of public money stashed away
    in secret foreign bank accounts
  • Corrupt public servants are ruling the roost
  • Legal system is perceived to have become the hand
    maiden of the rich
  • Anti-corruption agencies perceived to develop
    cold feet in investigations against top corrupt
    public servants
  • Conviction rate in corruption cases very poor

6
How did we get here?
  • Large number of scholarly studies and theses
  • Bureaucrat politician criminal nexus
  • License to loot
  • Rulers have started looting public treasury
    Fodder Scam
  • Vigilance Accountability system has collapsed
  • Public servants ought to be trustees of public
    trust but not perceived to be so

7
Promotion of Probity
  • Focus on checking corruption among top public
    servants
  • Corruption flows from the top
  • Need to focus on outcome of corruption rather
    than process of corruption
  • Verification of property returns both movable
    and immovable

8
Top public servants
  • Who are top public servants?
  • Political executive cabinet of ministers top
    decision making body
  • High ranking bureaucrats level of Joint
    Secretary to Government of India above both
    at the Centre and in the States
  • Top ranking police officers
  • Top Revenue officers of Government of India and
    the State Governments
  • Total number will not exceed 4000 in the country

9
Filing of Property Returns
  • All MPs and MLAs are required to file their
    property returns every year to the Speaker
  • Hardly ten percent of elected representatives do
    so
  • No provision for penal action against defaulters
  • No public disclosure norms for property returns
  • Election Commission of Indias recent initiative
    to make all candidates file their property
    returns at the time of nomination and its posting
    on web site not followed by any further
    investigation by any arm of Government

10
Property Returns of Bureaucrats
  • Annual Property returns to be filed but only for
    immovable property
  • No system of public disclosure of property
    returns
  • Investments in shares/bonds/debentures, Fixed
    Deposits not covered
  • System of prior permission by Government
  • No system in place to check if public servants
    flout the AIS Conduct rules
  • Income Tax only concerned with tax evasion and
    not whether public servant is holding property
    disproportionate to known sources of income

11
Vigilance set up
  • Inquiry only if complaint is received
  • No system of regular suo moto inquiry of assets
    of top public servants
  • Prior permission of Government required for
    initiating action against top public servants
    permission under Section 197 CrPC
  • Despite recent judgment of SC, no visible
    movement by Anti-Corruption Agencies against top
    public servants charged with holding assets
    disproportionate to known sources of income

12
Way Forward
  • Put in place a system for regular verification of
    property returns of identified top public
    servants
  • Concentrate on the selected few and not get mired
    in quagmire of paper work
  • Verification in a fast track manner
  • All investigative arms of Government like CBI,
    Income Tax, Directorate of Revenue Intelligence,
    Intelligence Bureau, State Vigilance Departments
    to coordinate and share details
  • Exemplary punishment to be awarded to those found
    guilty
  • Caesar should not only be beyond suspicion but
    also seen to be above suspicion

13
Integrity Commission
  • Government of India to set up National Integrity
    Commission (IC)
  • Three member body set up in consultation with the
    Supreme Court
  • All investigative arms of Government to assist
    the Commission
  • Commission to scrutinize the property returns
    filed with Government as well as Speaker
  • Public notice issued by IC seeking information of
    property held by top public servants

14
Integrity Commission
  • After scrutiny by Integrity Commission, report
    will be furnished to GoI
  • Government to take action within three months
  • All cases of disagreement between GoI and the
    Integrity Commission must be made public
  • All public servants with doubtful integrity must
    be weeded out
  • Summary dismissal of corrupt bureaucrats
  • Seizure of property perceived to be
    disproportionate to known sources of income by
    Government
  • Burden of proof to devolve on the erring public
    servant rather than the Prosecution

15
Conclusion
  • Public pressure alone will force Government
  • Integrity Commission should work in a transparent
    manner
  • Appeal against action taken by Government should
    lie only in the High Court and Supreme Court
  • Zero tolerance of corruption should inform all
    actions of Integrity Commission, Government of
    India as well as Judiciary
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