Letters: The law of no-limitation

A K Bhattacharya raises in his column "Rules of disengagement" (Raisina Hill, October 21) a pertinent issue of the time limit on the liability of retired civil servants for decisions they take while in service. It does appear unfair that a civil servant should defend himself based mainly on memory in a case he handled nearly 10 years ago. The Limitation Act, 1963, sets time limits on filing suits. In cases of income tax evasion also, officers are prohibited from initiating action after specified dates. But no such remedy is available to retired government servants. Since the Central Bureau of Investigation is known for prolonged investigations, and judicial pronouncements take longer, it is necessary to decide a time limit for holding retired civil servants accountable for actions while in office. They should also be provided legal relief and documentary support to defend themselves.

It is a basic tenet of administrative functioning that those who feed information to the decision-maker are responsible for its accuracy and objectivity, but the ultimate accountability for the decision rests with the person who decides the matter. In this case, the prime minister was in charge of the coal ministry and he has acknowledged his role in allotting coal blocks. As such, he is answerable to the law while his adviser is answerable to him if he misled the prime minister.

Y G Chouksey Pune

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