GRAFT TALE: Contract staff can’t be prosecuted under govt rules, says surat collector
If you happen to be a fixed pay contractual employee in the service of Gujarat government, it is highly likely that you will get away with taking a bribe. At least that is what an administrative action against an employee who was caught red handed by the Anti Corruption Bureau (ACB) seems to suggest.
The Surat collector in an order of September 15 revoked the suspension of a certain Vinesh Lalbhai Pargi, a fixed pay employee, who was busted by cops as he accepted a bribe. Parghi was serving as a clerk in Mandvi Tehsildar's office at the time.
Pargi was caught by the ACB on March 03, 2018 for accepting Rs 4,000 from a complainant for adding his name to the land records.
He was suspended within 10 days of arrest as the rules mandated that any government servant who has spent more than 48 hours in police custody has to be suspended. The strict action then began to fade.
Citing the Gujarat State Services (Discipline and Appeal) Rules, Collector Dr Dhaval Patel in his order said that a person appointed as fixed pay or contractual employee cannot be prosecuted. He said that such an action cannot be taken under the Gujarat Civil Services Classification and Recruitment rules too.
The government rules, however, suggest that the services of a contractual employee behaving abnormally could be terminated.
"As Pargi is a fixed pay employee under contractual basis in Gujarat government, he should be deemed innocent until he is convicted in the case so that his contract should not be terminated. Therefore, his suspension order is cancelled," reads Patel's order.
When dna asked Dr Patel about his order, he said, "The collector has discretionary powers to decide the action in such cases. The action varies from case to case and I have used my discretion to decide this."
However, the collector was unable to respond on what merits he decided to exercise his discretionary powers revoking the suspension. He did not accept that such kind of order could set wrong precedents.
A top official in Gujarat government on condition of anonymity said, "The authorities can terminate the contract of this person with immediate effect in such cases. But this case is really strange."
Chief secretary Dr JN Singh said he was not aware of the case. "After you brought the case to my attention, I have directed the additional chief secretary in revenue department Pankaj Kumar to look into the issue and take necessary actions as per the rules."
‘NOT AWARE’
Chief secretary Dr JN Singh said he was not aware of the case. "After you brought the case to my attention, I have directed the additional chief secretary in revenue department Pankaj Kumar to look into the issue and take necessary actions as per the rules."
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