WORKING
OF ANTI-CORRUPTION UNIT
Traps – It is a very effective tool in the fight against
corruption, at the cutting edge level of the Administration because it has an
immediate telling effect not only on the corrupt Public Servant involved in the
matter but also acts as a deterrent for others. On receipt of a specific
complaint that a particular Public Servant is demanding bribe for doing or
omitting to do his official duties and the same is about to be paid, a trap is
organized to catch him red handed. After verifying the genuineness of the
complainant and the antecedents of the alleged Public Servant, the officials of
Anti-Corruption unit organize a trap in the presence of independent witnesses.
Once the trap materializes, the Public Servant is arrested and criminal
proceedings are initiated against him. Significantly, the law gives immunity to
the complainant, who participates in the trap, wherein he is required to hand
over the demanded money or any other material gratification/obligation to the
suspect officer, on the direction of the Investigating Officer of the
Anti-Corruption unit.
Disproportionate Assets/Criminal Misconduct –
Corruption being collusive in nature, not many people come forward to lodge
complaint of specific demands by public servants. The only alternative way to
bring such public servants to book is to investigate into their assets.
This is mostly used against senior officers. It is difficult to trap them
because they don’t take money directly. On the other hand, they invest the
ill-gotten money in movable and immovable properties, which are easy to
identify. In this method a public servant is targeted on the basis of his
general reputation for lack of integrity. In the investigation, evidence is
collected on a suspected public servant’s assets, income earned and
expenditure incurred to arrive at assets disproportionate to known sources of
income. In grave cases, the properties are attached to the Government through
court orders. There is also provision for confiscation of disproportionate
assets after successful prosecution.
Abuse of Authority/Criminal
Misconduct –
Corruption is also unearthed by probing into instances of abuse of authority by
a public servant. It is ascertained whether such abuse was committed with a view
to causing pecuniary gain to himself or any one else and corresponding loss to
the Government. Material for such probe is collected from files relating to
award of contracts, supply orders, purchase orders, etc.
Instances where the lower bids were rejected without valid reasons, where
knowingly substandard material is
accepted, where tax is evaded by private persons/ corporate houses with the
connivance of tax enforcement officials, etc. usually come under the orbit of
such investigation. Once the scrutiny of the file disclosed prima-facie abuse of
authority coupled with pecuniary gain to an individual and corresponding loss to
the Government, regular investigation is launched to cover the public servants
and private individuals involved.
While for traps, a complainant is necessary, cases of
disproportionate assets and abuse of authority/criminal misconduct can be
initiated on the basis of source information as well.