rewrite this content and keep HTML tags
The government takes many decisions on the basis of the recommendations of the committee appointed for this purpose. These are based on the facts available with the committee. However, it is possible that some more facts may come to light later – and the decision taken may be wrong. There may be a need to review such decisions. But unless there is any malice, the question of any criminal case should not arise.
This aspect has been completely ignored while registering these cases against Harish. Even good faith decisions with good intentions have been termed as criminal acts if deficiencies are later discovered. In fact, these are normative judgments.
Often two committees have different opinions on the same fact. This is a question of evaluation.
Sometime in 2004, the Government of India had decided to hand over petrol pumps to private individuals to run them. Nationalized oil companies appointed committees to provide petrol pumps throughout the country. Many of these committees were chaired by retired judges.
Subsequently, there were complaints of abuse of authority. It was decided to cancel all petrol pumps – and a judge was appointed to look into all these cases.
Ultimately about 60 percent of the allotments were canceled and given to new persons. But neither any criminal case was registered, nor was anyone prosecuted.
Sadly, in Harish’s case, presumably, there was a change in government. After the Supreme Court canceled all the allotments, it was decided to file criminal cases instead of appointing another committee under a judge to make fresh allotments. The focus was on registering the case. No consideration was given to the harm that would be caused to an honest civil servant.
At the last stage of his career, if his reputation gets tarnished and he has to fight the case in court by spending his hard-earned money on lawyers, then it is unfair and unjust.
It is also a hindrance in joining civil services or walking on an honest and straight path. The government needs to consider this and make appropriate policy changes in such cases. In particular, the policy should ensure that an honest and upright civil servant like Harish, who is in the twilight of his life, does not suffer further.
(BK Chaturvedi is a former Cabinet Secretary to the Government of India and a member of the Planning Commission. This is an opinion article and the views expressed above are the author’s own. The Quint Neither endorses nor is responsible for them.)
