Madras High Court orders high-level panel to reform DVAC

MADURAI: Expressing concern over structural deficiencies in the Directorate of Vigilance and Anti-Corruption (DVAC), the Madras High Court has directed the Tamil Nadu government to constitute a high-level committee headed by the Chief Secretary within four weeks to recommend measures for strengthening the anti-corruption agency.

Justice B Pugalendhi issued the directions while dismissing a petition filed by R. Rajesh Kanna seeking transfer of the investigation into his bribery complaint from the DVAC to the Central Bureau of Investigation (CBI).

The Court, however, declined to transfer the probe, noting that the DVAC had already completed its enquiry and recommended prosecution.

According to the petitioner, a Civil Supplies CID Inspector demanded a bribe of Rs 5 lakh to spare him from being implicated in a criminal case. He alleged that despite approaching the DVAC with the complaint, the agency failed to take bprompt action against the officer.

In its counter affidavit, however, the DVAC informed the Court that it had registered a case against the officer, Suguna, and stated that the petitioner had admitted to paying a monthly bribe of Rs 15,000 to the official.

This case has revealed serious institutional deficiencies which require immediate attention at the highest level of the Government. "The present Government has consistently expressed its resolve to eradicate corruption and to promote transparent and accountable governance.

This Court has also noticed that the recent policy initiatives reflect that commitment at the highest levels of administration. However, such commitment can achieve its intended objective only when it effectively permeates every level of governance," the Court observed.

Observing that the DVAC plays a crucial role in combating corruption, Justice Pugalendhi said there were structural deficiencies in the anti-corruption agency.

Although a DVAC unit headed by a Deputy Superintendent of Police functions in every district with the assistance of a Police Inspector, the decision-making powers of officials at the district level appear to be either minimal or non-existent. They appeared to be dependent on instructions from the headquarters for every major action, the judge observed.

The judge further observed that while the DVAC had registered cases against lower-level government officials, action on complaints against higher-ranking officials appeared to be sluggish.

The committee has been asked to examine the appointment of a qualified officer as a full-time Vigilance Commissioner, review the deployment of officials, recommend measures to strengthen the agency's functioning and submit its report to the government within four months.

The government has been directed to take appropriate action in accordance with law.

The Court expressed confidence that the Tamil Nadu government would give serious consideration to implementing its directions.