Two Adarsh-tainted babus refuse to resign

The state might have decided to crack the whip on bureaucrats involved in the Adarsh society scandal, but action against the babus may not be easy. State chief information commissioner Ramanand Tiwari and state human rights commissioner Subash Lala, who were asked to resign, have refused to do so. They have cited that the proper procedure for their removal was not followed.

“The state government has asked the senior officials to step down. But they haven’t resigned,” said chief secretary SA Dange. Highly-placed sources in the government said the government had issued only oral orders to the duo. Since the posts they hold are constitutional positions, certain rules have to be followed before taking action.

“Under section 17 (1) of the RTI Act, the state government has to seek the consent of the governor before taking action against the state information officer. It also needs to inform the high court and get its consent,” said a legal expert. It’s the governor’s discretion whether to order the suspension of Tiwari till the entire inquiry is completed. If his name is cleared in the case, he can be reinstated, he added.

In case of state human rights commissioner (Lala) the state government has to evoke section 18 — Human Rights Act — to seek the permission of the president of India. It now transpires that the state government has not carried out any of these exercises before issuing a verbal order asking Tiwari and Lala to step down.

Bureaucrats have started questioning the government’s move singling out these two officers. More than a dozen IAS officers’ children or relatives own a flat in Adarsh, they said.

“Both Tiwari and Lala hold constitutional posts after retirement, which makes it easier for the administration to act. It cannot act in haste in case of tainted babus still in service. The government has already constituted a judicial probe,” a senior official explained.