Suspending and charge-sheeting honest officers
The UP Chief Minister has not followed the minimum requirement of calling for the explanation of Durga Shakti Nagpal through a show-cause notice before rushing to issue a charge-sheet which does not contain the prima facie evidence of any irregularity of committing misconduct. The Disciplinary Authority who has signed and issued the charge-sheet should have ensured that there was prima facie a violation of the code of conduct. Carrying out the normal function of supervising the demolition of an illegal structure cannot be misconduct for an administrative officer under relevant the Discipline and Appeal Rules. The politicians who are responsible for suspending and charge-sheeting the public servants should be given orientation courses on disciplinary rules.
There was no need to suspend Durga at all because suspension is normally resorted to when there is a possibility of the officer concerned tampering with evidences. In this case, the question of tampering of evidences did not arise because there was no evidence of irregularity.
The case of Durga Shakti Nagapal is the tip of an iceberg. There are thousands of cases in which officers in the Government/Banking/Public Sector Services in India who had been suspended and charge-sheeted on flimsy grounds. Their voices are not articulated in the media.
(My views were published by the Editor, The Hindu in the column "Letters to the Editor" on 6th August 2013).
(Job Anbalagan, the author can be reached through email: jobanbalagan@gmail.com)
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