oppn parties Action Under Fundamental Rule 56-J Must Be Taken In All Government Departments

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  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
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Action Under Fundamental Rule 56-J Must Be Taken In All Government Departments

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Centre has, till now, dismissed (the polite term is compulsorily retired) more than 60 Income Tax officers from service using the Fundamental Rule 56-J. These include officers of the rank of principal commissioner joint commissioner, assistant and deputy assistant commissioner. The government was getting feedback that corrupt and inflexible officers were harassing the taxpayers. The buzz of corruption in respect of several senior officers was very strong. There were charges of inefficiency and worse against others.

Punitive action against government officers is a tricky thing. It can lead to dissension and court cases. In the present case, some of the dismissed officers had approached the courts for relief but did not get any. This was because the Supreme Court has been very strict in this regard and has held that the Rule 56-J is in consonance with the constitution. The government has the right to dismiss its Group A, B and C employees under Fundamental Rule 56-J read with Rule 48(1) of the Pension Rules, 1972 if they have either completed 30 years of service or had joined before the age of 35 and have reached the age of 50 (55 in some cases) if their performance is not considered up to the mark.

These rules exist for a long time. But the lack of political will in enforcing them and a chalta hai attitude of previous governments had allowed corrupt officers to make hay. There have been instances where such officers have themselves suggested the loopholes to the taxpayers to get relief of enormous sums of money after their palms were suitably greased. Then, some unscrupulous officers used to threaten taxpayers of action if they were not paid off. But now that action is being taken regularly, the message is likely to percolate down the ranks that corruption and inefficiency will not be tolerated.

While it is good that the government is moving against such officers, why are other departments not being targeted? There are corrupt officers in almost every government department. The action under Fundamental Rule 56-J should be applied in all departments to weed out the corrupt and inefficient officers since they are dirtying the whole pond and not allowing others to work ethically. They are also passing orders that are saddling departments with unnecessary litigation and increasing the workload and also clogging the judicial system.  The sooner the system is rid of these officers, the better it will be for the governance of the nation. The best thing would be that the action would put the fear of law in the rest and the level of corruption will fall drastically. The states should also take the cue and initiate action in their departments under the relevant rules applicable to their employees. 

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