cases of alleged corruption against judicial or quasi-judicial officers
Citing a Supreme Court judgement, CVC has issued new guidelines for departments to help them check cases of alleged corruption against judicial or quasi-judicial officers.
The Central Vigilance Commission (CVC) has issued new guidelines for departments to help them check cases of alleged corruption against judicial or quasi-judicial officers.
Citing a Supreme Court judgement, the new norms casts an obligation on departments concerned to determine as to whether acts of such officers have been actuated by an oblique motive or corrupt practise.
“A charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact.
“Since, direct evidence of corruption may not always be forthcoming in every case involving a misconduct, a wanton breach of the governing principles of law or procedure may well be indicative in a given case of motivated, if not reckless disregard of legal principle,” it said quoting the apex court verdict.
In the absence of cogent explanation, it is for disciplinary authority to determine whether a pattern has emerged on the basis of which and inference that an officer was actuated by extraneous considerations can be drawn, the direction reads.
The disciplinary authority has to determine whether there has emerged from the record one or more circumstances that indicate that the decision which form the basis of the charge of misconduct was not an honest exercise of judicial power, the CVC said.
The anti-corruption watchdog has asked all Chief Vigilance Officers, who act as distant arm of the CVC to check corruption, to keep in mind these guidelines while examining alleged lapses or misconducts in respect of officials exercising quasi judicial functions or powers. more
The Central Vigilance Commission (CVC) has issued new guidelines for departments to help them check cases of alleged corruption against judicial or quasi-judicial officers.
Citing a Supreme Court judgement, the new norms casts an obligation on departments concerned to determine as to whether acts of such officers have been actuated by an oblique motive or corrupt practise.
“A charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact.
“Since, direct evidence of corruption may not always be forthcoming in every case involving a misconduct, a wanton breach of the governing principles of law or procedure may well be indicative in a given case of motivated, if not reckless disregard of legal principle,” it said quoting the apex court verdict.
In the absence of cogent explanation, it is for disciplinary authority to determine whether a pattern has emerged on the basis of which and inference that an officer was actuated by extraneous considerations can be drawn, the direction reads.
The disciplinary authority has to determine whether there has emerged from the record one or more circumstances that indicate that the decision which form the basis of the charge of misconduct was not an honest exercise of judicial power, the CVC said.
The anti-corruption watchdog has asked all Chief Vigilance Officers, who act as distant arm of the CVC to check corruption, to keep in mind these guidelines while examining alleged lapses or misconducts in respect of officials exercising quasi judicial functions or powers. more
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CVC is all humbug. They are corrupt & are big impediment in fast progress of works & projects. Have they been able to stop 2G, CWG, Coalgate, Devas, Lalu Yadav, Ansari, Shahbuddin, Vadra, Hooda, Augusta Wastland, land deals of industries even now, majority collectors & Police taking bribes. They are a drain on taxpayer's money in tendum with bureaucrats & politicians. more
May 09
The judicial or quasijudicial officer involved in the corruption should be punished. There is long procedure of an inquiry and more chance to escape these corrupted officers. Once rule is formed they should be prosecuted. The minor punishment or simply transfer may not change their attitudes or mentality. CVC has to be strict and no influence of political pressure may be allowed. The corruption is a rouge in the system and it should be uprooted. more
May 06
There are cases of alleged corruption against judicial or quasi-judicial officers. How to establish the same. more
May 06
I have 45 years experience in the Central Govt. I failed to understand what Govt is doing is only issuing directions to the department to act and behave honestly. Every responsible officer except few are doing their duties honestly if otherwise involved in bad practices. I have seen the revenue department of Delhi Govt which is highly corrupt department. Nothing move without the support of money. Every one has left their broker who collect the money. If you complaint against one corrupt officials the complaint will go to another corrupt officers and the net result is zero. The Govt whether Central or State Government all consists of deaf and dumb officials. These officers have the shelter of politicians. Nothing is possible. May God bless for pious mind and soul. Ram Yadav more
Apr 10
First of all, the legal system like the Tribunals, The High Courts and The Supreme Courts should probe and respect the merit. These systems should not allow any temporary punishments like pre-deposits etc unless it is certain that the case has no merit. It is expected that the legal system will stand by the week citizens vs bureaucracy and will not allow the bureaucracy to manipulate, twist or take advantage of the missing points. Internally a system may be created to quickly get the intentions wetted from the policy makers and implement these on priority to minimize conveniences to the public at large. It is certain that once law is made no one at operating level can change. It is only the interpretation that varies the decision. Where ever different interpretations are possible, the matter needs to be addressed by the system on priority. more
Apr 10
