Provision of the pernicious "single-point-directive", that exempts senior bureaucrats of the rank of Joint Secretary and above from direct probe by CBI in corruption cases, without prior prosecution sanctions of GOI, must be revisited. The Apex court in 1997 had quashed the exemption clause incorporated in the executive resolution of 1964 that created the CVC. The GoI, however, decided to restore it with statutory force through incorporation in the CVC Act.

According to reply by DOP&T to a Parliament question, the GoI during the last four years, denied sanctions in respect of 15 officers of the level of JS and above, against whom the CBI had solid evidences of graft charges. Worse, 14 cases, filed by CBI had to be closed for want of prosecution sanctions.

 

 The law cannot inhibit probe against senior bureaucrats and public sector executives and cover merely junior officers and PSU executives. Restoration, based on discrimination, is bad in law.ItsConstitutional validity must be examined by the Law commission, legal luminaries in the light of principle of "Equality before law”. Need it be mentioned that the level of JS and above is the cutting edge level for policy decision making and the scope of corruption is high.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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