Cites reasons for delay in their prosecution In an affidavit submitted before the Himachal Pradesh High Court,the state Director General of Police (DGP) has accepted that the delay in completing investigation and prosecution in vigilance cases against officers of doubtful integrity serving in the Himachal Pradesh government is on account of reasons such as delay in the Forensic Science Lab,inadequacy of staff and other infra-structural facilities in the vigilance wing. The delay on account of time taken by the Government in granting or refusing sanction for prosecution is also one of the crucial reasons mentioned in the DGPs affidavit,that came up in the court during hearing of the petition filed by former Solan District Drug Controller Sher Singh,allegedly caught with a huge sum of money in a corruption case in 2008 by the State Vigilance and Anti-Corruption Bureau (SV&ACB). Taking up the affidavit,a Division Bench of Chief Justice Kurian Joseph and Justice V K Sharma directed the Himachal Pradesh Chief Secretary (CS) to file an affidavit in four weeks explaining its stand on the lacunae on the part of the government in ensuring proper action against the tainted officers mentioned in the DGPs affidavit. The Court also asked the CS to explain the governments stand on revoking the suspension of tainted officers being charged in various corruption cases. During an earlier hearing in October,the Court had asked the DGP to submit an affidavit on the status of vigilance cases filed against officers and the reasons for delay in prosecution. The affidavit also included a list of officers (of doubtful integrity) showing the places of posting of the officers. The DG submitted in the affidavit,The SV&ACB recommends to the government that officers of doubtful integrity should not be posted on sensitive posts where public dealing is involved. And also The SV&ACB invariably recommends suspension and transfer of the officers caught red-handed accepting bribes so that they may not influence witnesses or tamper with the evidence. On this,the court observed that the Director General of Polices report indicates that the Government does not seek the opinion or clearance of the police and vigilance before considering cases for revocation of suspension of officers involved in cases of corruption under the PC Act where cases are pending investigation and trial. The Court asked the Chief Secretary to also reply on this aspect in its affidavit,as to whether it is not required or at least advisable to have clearance of vigilance at the time of review or revocation of suspension in case of officers involved in cases of corruption under the PC Act or in whose cases the investigation or trial is still in progress.
