SUMAN K SHRIVASTAVA
Ranchi, May 10: The huge unaccounted wealth linked to IAS officer Pooja Singhal detected by the Enforcement Directorate has spurred a debate over the impact of the Jharkhand Government’s decision to withdraw the general consent to the CBI to investigate in the State.
There is a general feeling in the bureaucratic circle that the withdrawal of general consent to the CBI to investigate corruption cases has emboldened the bureaucrats and politicians in Jharkhand, which has always faced the resource curse.
“I don’t know its benefits to the political masters, but the move has certainly emboldened the corrupt bureaucrats to mint money in Jharkhand with impunity,” said a senior official.
The Hemant Soren Government withdrew this consent in November 2020 after the Opposition-led state governments found themselves at odds with the central government and the CBI.
The CBI is governed by the Delhi Special Police Establishment (DSPE) Act, 1946, and must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. A “general consent” is normally given by states to help the CBI in the seamless investigation of cases of corruption against central government employees in their states.
Now, with the withdrawal of the general consent the CBI cant investigate their misdeeds without the permission of the State Government.
So far as the Enforcement Directorate is concerned, under the Prevention of Money Laundering Act (PMLA), the ED registers an ECIR (enforcement case information report) to probe the laundering of proceeds of a crime, committed prior, for which an FIR is already there.
For example, the ED is probing into the bungling allegedly committed by Pooja Singhal only on the basis of an FIR lodged in the MNREGA scam which she committed as Khunti DC some 14 years back.
“And the bureaucrats are least bothered about the State’s Anti-corruption Bureau which acts only when there is a green signal from the chief minister,” said the official.
On the other hand, the departmental proceedings conducted against an erring officer look into the procedural lapses committed by that officer. It does not look into the criminality having been indulged by a corrupt officer. So, in most cases, they either get scot-free or let off with a warning.
“So, for all practical purposes, a strong deterrence to corruption is not available in Jharkhand, leading to plundering of the State resources by all, including bureaucrats, police officials, state service officers and engineers under the political patronage,” pointed out a senior official.
According to another official, the assets created by Pooja Singhal during her 22 years of career are just the tip of the iceberg. There are a large number of politicians, IAS, IPS officers, state service officers and engineers who have plundered the State with impunity. There are a number of stories going around in the corridors of power about the bureaucrats and their political masters creating illegal wealth in Jharkhand and outside the state.
Recently, a PIL was also filed in Jharkhand High Court to probe the corrupt practices of at least four IAS officers along with the Chief Minister, his MLA brother and press advisor seeking a CBI probe. The petition is due for hearing.