"It needs to be reiterated that financial and administrative powers are essential for the efficiency of the functioning of the CBI and for insulating it from the ministry in its day-to-day functioning. A CBI director who is dependent on ministry for routine administrative and financial approvals is not best placed to take independent and objective decisions in crunch situations," the agency told the court.
The CBI's affidavit responded to recent recommendations of the group of ministers on independence to the agency in investigations, but said the goal of autonomy and insulating it from external pressure would not be attained as long as it remained dependent on the ministry concerned.
"In the present arrangement, the administrative, disciplinary and financial powers of the director, CBI, are limited and this impinges on his ability to ensure expeditious and complete investigation and high ethical standards among subordinates," the CBI said.
It admitted that it was very difficult for the CBI director and the agency to remain "independent and objective" in crunch situations when he was administratively and financially dependent on the ministry.
The CBI also said the present guaranteed tenure of two years for its director was too short for him to achieve long-term goals and requested the court that it should be made longer, at least three years.
In its affidavit in the coal scam matter in which it earned the "caged parrot" tag from the apex court for bowing to the desire of the then law minister to peruse and correct the probe status report before its submission to the court, the CBI said the single most important step to insulate it from political pressure was to free it from government's control over its funding.
"It needs to be reiterated that financial and administrative powers are essential for the efficiency of the functioning of the CBI and for insulating it from government in its day-to-day functioning," the CBI said responding to the affidavit of the government, which had detailed the steps it had taken on the basis of the GoM's recommendations to grant functional autonomy to the agency.
The CBI said, "director, CBI who is free to take routine administrative and financial decisions within prescribed rules is undeniably necessary for the CBI to remain insulated to discharge its core function without fear or favour."
To overcome these, the CBI suggested that the director be vested with ex-officio powers of secretary to the government of India reporting directly to the minister without having to go through the department of personnel and training (DoPT).
"This will mean that the budget for the CBI may be separately put up through the concerned minister to the department of expenditure... Under this arrangement, the CBI director would be independent of the ministry as far as investigation is concerned; and would continue to be accountable to the minister for administration and financial matters," it said.
However, it was averse to an independent accountability commission to evaluate its work. Narrating its zero tolerance internal policy towards its own officers found indulging in undesirable activity, the CBI said, "Creation of an outside accountability commission will have the tendency of compromising discipline within the organization as disciplinary power will vest outside, albeit, indirectly.
"This will create an anomalous situation wherein the superior authorities, that is accountability commission, will inquire into the complaint and junior authorities who have disciplinary powers will decide on enquiry report. Besides, such provision will also disturb the chain of command within the organization."
0 comments:
Post a Comment