4 October 2019

Dear Sir,

We write to you to express the deep concern of our group of former civil servants at the selective targeting of retired and serving officers, apparently for gaining narrow political advantages.

Having served government all our working lives, it is our duty to point out the very dangerous repercussions that the latest move to prosecute four former officers of the Ministry of Finance – Smt. Sindhushree Khullar, Shri Anup Pujari,  Shri Prabodh Saxena and Shri Rabindra Prasad – in the INX Media case are bound to have on serving officers. Government had made an effort to avoid policy paralysis by amending the provisions of the Prevention of Corruption Act last year and making it mandatory to obtain the prior sanction of government before prosecuting retired and serving officers. This latest move will serve as a severe dampener to this effort. It will only seem to confirm the worst apprehensions of civil servants, namely, that they will be afforded no protection for bona fide acts in the performance of their official duties. Henceforth, it will not be surprising if civil servants procrastinate before processing and examining every proposal of importance, as they have no guarantee that they would not be implicated in criminal proceedings many years later.

It is most unfortunate that officers, especially those no longer in service, are made to bear the brunt of criminal proceedings that originate from settling of political scores. All regimes, irrespective of their political affiliations, at both central and state levels, have been guilty of this transgression. Serving officials will naturally be demotivated if diligent and honest officers are selectively targeted for punishment for no fault of theirs other than that they were implementing the policy decisions of the government of the day.

We are of the firm view that Rules must be framed to make the legal principle of estoppel apply on reopening decisions based on information provided at the time the decision was taken. If files are allowed to be exhumed and dissected on the basis of hindsight and that too with no bar on the time that has elapsed, no decisions will be made at all in government. There should be a reasonable period after which files should not be reopened. Officers, particularly after retirement, need that reassurance to lead a peaceful post-government life.

It is indeed a travesty when governance systems spare no effort in ensuring that political elements charged with or prosecuted for very serious offences are given latitude while officers who have faithfully served the nation for over three decades are arraigned on the flimsiest of technical grounds. In the interests of justice, we earnestly urge that there be an early resolution of this issue.

Yours faithfully,

(71 signatories, as below)