The above decision was taken after consulting the State Governments and the concerned Cadre Controlling Authorities (CCAs i.e., the Ministry of Home Affairs and the Ministry of Environment and Forest). Further, to implement the scheme, necessary amendments in the concerned rules/regulations are necessary. The State Governments & the CCAs concerned have been consulted on this aspect also. The Central Government has received certain objections from different quarters, such as that the new scheme will be detrimental to the interests of senior state services officers, the officers belonging to the categories of Scheduled Castes and Scheduled Tribes; it would also undermine the element of experience viz-a-viz academic knowledge and would be against the larger public interest as the officers would prefer studying in place of doing public service, etc. The inputs received in this regard from the State Governments and other quarters will be kept in view in firming up the regulations.
This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Dr. Chandan Mitra today.
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KSD/SAMIR/sk
Annexure A
SUMMARY OF THE AFFIDAVIT BY THE GOVERNMENT
The salient features of the affidavit are as under:
a. Non Interference in Investigation
Non-interference in investigation of CBI in PC Act offence cases is already provided in the DSPE Act.
b. Appointment of Director, CBI
Appointment of Director CBI by the President on the recommendation of a Committee consisting of Prime Minister as Chairperson, Leader of Opposition in the House of People as Member and the Chief Justice of India or a Judge of the Supreme Court nominated by him as Member.
c. Removal of Director, CBI
Removal of Director CBI, only by order of the President on grounds of proved misbehavior and incapacity after the Central Vigilance Commission on a reference made to it by the President has reported that the Director is guilty based on an inquiry conducted in accordance with the AIS Rules in this regard.
d. Director, CBI as member of Selection Committee
Induction of Director CBI as full-fledged member in the Selection Committee for recommending selection of officers of CBI of the level of SP and above.
e. Superintendence on Non-PC Act offences
Superintendence of the Delhi Special Police Establishment for all cases (other than Prevention of Corruption Act offences whose superintendence is with Central Vigilance Commission) has been in the Central Government, with a rider that while exercising the powers of superintendence, the Central Government shall not exercise powers in such a manner so as to require the Delhi Special Police Establishment to investigate or dispose of any case in a particular manner.
f. Timeline for prosecution of officers under Section 6(A) of DSPE Act
On the required approval of the Central Government before conducting inquiry or investigation against officers of JS level or above under Section 6(A) of DSPE Act, it has been provided that the Central Government shall take a final decision within a period of 3 months and an order declining such request would contain reasons in support thereof.
g. Appointment of Director (Prosecution)
Director of Prosecution is to be selected based on the recommendation of the Selection Committee, headed by the Central Vigilance Commissioner with Secretary DoPT, Secretary MHA, and Secretary Department of Legal Affairs as members and Director CBI as member convener. The categories of persons who shall be eligible for appointment, apart from cadre officers of the Ministry of Law & Justice, would include a person who has been in practice as an advocate for not less than 15 years and has been designated as a senior advocate. Powers and functions of the Director of Prosecution have been delineated.
h. Institutional accountability of CBI
Establishment of an Accountability Commission has been proposed to ensure institutional accountability of CBI. The Commission will consist of three whole time Members, to be appointed by the President, from amongst the retired judges of the Supreme Court or the High Court with the senior most judge as the Chairperson of the Commission and the CVC as an ex-officio Member. The salary and allowances and the other terms and conditions would be as may be prescribed by the Government. The jurisdiction, functions and powers of the Commission have been detailed. The Commission would entertain and inquire into allegations of misbehavior, incapacity, impropriety or irregularity on the part of officers and staff of DSPE. However the complainant has to approach the Director in the first instance.
i. Financial Autonomy:
Apart from functional autonomy to CBI, the financial powers of the Director shall be equivalent to the powers exercisable by the Director General of Central Reserve Police Force.
j. In accordance with Cabinet`s approval the Central Government shall introduced a Bill containing the necessary amendments in Parliament and the same shall be moved in accordance with Parliamentary procedure
Source:pib
