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New UserCourt decision to charge former coal secretary Harish Chandra Gupta may paralyse bureaucracy
26 Aug 2016
A policy paralysis can strike the central government because of shock and
anxiety in the bureaucracy over a court's decision to frame coalscam charges against
former coal secretary Harish Chandra Gupta, widely regarded as an honest man, top
officials and the IAS association said.
Gupta, a pensioner facing trial in 10 cases involving arbitrary allotment of coal mines,
recently said he was ready to face trial from jail because he could not afford lawyers,
evoking strong support, sympathy and anger in the civil service.
He retired in November 2008 after serving as coal secretary for two years, and had earlier
earned a reputation of integrity in the defence ministry where he handled production,
supplies and acquisitions. Sanjay Bhoosreddy, secretary of Central IAS Officers Association,
told ET that Gupta had declined financial help from the association but was ready to take
legal support.
"There is a policy lacuna as the AntiGraft Act doesn't protect retired officials. This may lead to policy paralysis," he said.
Niti Aayog CEO Amitabh Kant told ET that he believes there is no corruption or mens rea (criminal intent) involved in Gupta's case. "Errors
in commercial decision making should be decriminalised. There cannot be a more honest person than Gupta...he is an upright officer
who leads an extremely simple life. What has happened with him is a travesty of justice," Kant said. He had earlier tweeted that Gupta's
case was "real travesty of justice. Sad and tragic".
Another senior secretary questioned how the Supreme Court could stay proceedings against then Prime Minister Manmohan Singh in a
coal scam matter but let the cases go on against the then Secretary HC Gupta. "There is no forum of appeal for Gupta as the trial court
judge is reporting directly to the SC," the other secretary said, speaking on condition of anonymity.
SOurce: ET