CVC seeks rules for action against chiefs of regulatory bodies

There is no provision, in the rules to initiate action against the heads of such autonomous bodies for any 'misconduct'

The Central Vigilance Commission (CVC) has sought a change in service rules so that punitive action can be taken against chiefs of regulatory bodies like TRAI and IRDA if they indulge in corruption.

There is no provision, at present, in the rules to initiate action against the heads of such autonomous bodies for any 'misconduct', it said.

The heads of autonomous bodies constituted under specific Acts viz All India Council for Technical Education, Telecom Regulatory Authority of India, Petroleum and Natural Gas Regulatory Board, Insurance Regulatory Development Authority , Medical Council of India and Dental Council of India are appointed by the central government for a fixed tenure under the provisions contained in the respective statutes.

Such statutes empower the central government to frame rules for governing terms and conditions of service or appointment of heads of these autonomous organisations.

"It is, however, observed that the rules notified by the central government to regulate the terms and conditions of appointment of heads of autonomous organisations do not contain any provision for initiating disciplinary action against them in respect of misconducts committed during their tenure of posting," the anti-corruption watchdog said.

In one instance, the Commission observed, no disciplinary action could be taken against the head of an organisation in the absence of any specific provision contained in the terms and conditions for his appointment.

The whole exercise of (preliminary) investigating in the the case turned out to be futile as no action could be taken against the head of that organisation for the misconduct, CVC said.

"The Commission is of the view that there must be an explicit provision provided, either in the statutes or in the rules notified by the central government for regulating the terms and conditions for appointment of heads of autonomous bodies to enable initiation of disciplinary action against them for misconduct committed during the tenure of service or office," it said in its annual report tabled in Parliament recently.

The Department of Personnel and Training, which acts as the nodal authority to check corruption, was advised by the Commission to consider incorporating a suitable clause in terms and conditions of the appointment orders of heads of autonomous organisation specifically so that existing conduct rules, which are meant for other employees, would be applicable to them during their tenure of office and for functions discharged during their tenure in such posts, CVC said.