Rejecting CBI’s objection, Centre to give shield to serving,

retired public servants New Delhi, Sep 13 (PTI) A protective shield is likely tobe given to both serving and retired public servants bymaking it compulsory for probe agencies like CBI to takeprevious approval of the central and state governmentsconcerned before conducting any such enquiry against them. The move assumes significance as there have been demandsfrom IAS officers and other civil servants of protection tothem from the investigating agencies on bonafide decisionstaken by them. They had cited legal cases being faced by former TelecomSecretary Shyamal Ghosh, and former coal secretaries P CParekh and H C Gupta, for their alleged involvement in secondgeneration (2G) spectrum and coal blocks allocations scamsrespectively. They are known for for their good reputation butfacing investigations, these officers had claimed. The Department of Personnel and Training (DoPT) may giveshield to both the serving and retired public servants,official sources said today. It may make it mandatory for the probe agencies to seekprior approval from the competent authority which may be theappointing authority or administrative department where theofficer concerned is working or has worked, they said. The likely decision of DoPT, which is nodal authority foranti-corruption matters, is based on the recommendations of aselect committee of Rajya Sabha that had examined a billseeking to amend the Prevention of Corruption Act, 1988. "No police officer shall conduct any enquiry orinvestigation into any offence alleged to have been committedby a public servant under this Act, where the alleged offenceis relatable to any recommendation made or decision taken bysuch public servant in discharge of his official functions orduties, without the previous approval," the panel’s reportsaid. The permission will be given by the appropriategovernments–Centre and the states–for a serving and retiredemployee, as per the recent report of the committee on thePrevention of Corruption (Amendment) Bill, 2013. However, the Central Bureau of Investigation (CBI) whiledeposing before the committee had objected to this provision. The CBI opposed the provisions as it may causeunnecessary delay in investigation, it had said. Public sector undertakings, banks and state governmentssupported that competent authority should be the sanctioningauthority for investigation and prosecution, while, members ofcivil society have supported the Lokpal or Lokayukta to be thesanctioning authority, the report had said. Sources said after the government accepts this shield andnotify it then it will be mandatory for any probe agency totake prior permission of the competent authority beforeconducting any investigation against retired and servingpublic servants–from peon to secretary. A delegation of IAS officers had recently met Minister ofState for Personnel Jitendra Singh and demanded that honestcivil servants need to be protected so that they do notshy away from taking administrative decisions. PTI AKVRG