Division Bench of State High Court while hearing PIL titled Sheikh Mohammad Shafi and Another versus Union of India and others had recently passed strictures against the General Administration for concealing the names of the officers and their places of posting, against whom departmental inquiry is set up. The court censured the GAD officials and stated categorically that they were concealing more than what they were revealing in their status report and perhaps this was because there was interest in shielding the culprits. GAD is the Nodal Department that has full record of who among the top officers is posted where and when. If GAD expresses ignorance of about the whereabouts of officers, obviously they have some interest in concealing the name and details connected with it. It is surprising that in several instances, while inquiry into alleged acts of corruption is going on, the officer reaches the age of superannuation and takes all retirement benefits without any obstruction and goes home to enjoy the booty he has earned through illegal means. The Divisional Bench has observed that an indicted officer cannot escape the inquiry even after his superannuation.
It is for the Government to understand the delicacy of this situation in which the General Administrative Department either covertly or overtly conceals full information from the court that is examining a case of corruption. Is the State Exchequer meant for loot without impunity for some of the shameless functionaries with a strong clout in the political spheres of the State? There is another aspect to this episode. If the Court is convinced that the officials of Administrative Department is deliberately concealing the full story and details of officers with allegations of corruption, what stops it from taking action against them? Nobody is above law, and in particular, those senior officers who are violating the law should be called to book before the inquiry is completed. We would also like to remind that there are clear rules of dealing with the senior officers in the Government who are about to retire but have cases of corruption pending against them with the department or with the Vigilance. Their pension and gratuity and other emoluments have to be frozen until the findings of the inquiry committee are known. Not to speak of punitive measures, some of the involved officers have been re-employed at another lucrative position after retirement from the parent department. This seems incurable malady and only accountability is the remedy.
Evidently, some influential officers have held the entire administration a hostage to their interests and wishes. They can distort the rules, interpret them in a manner that serves their interests or the interests of those whom they take under their wings, and in this way leave very unpardonable tradition behind. After all everybody cannot afford to knock at the door of a court of law knowing that justice is a very expensive and time-consuming affair in this State. In these circumstances it will be a distant cry to expect successful eradication of corruption in the State administration. The court is meting out too generous a treatment to the state functionaries whereas it is expected to show no concession in cases of public interest. We hope the judiciary will assert its authority and not allow administration to try to hoodwink it.