In this article, Sirmaur Sudhakar from KIIT School Of Law  discusses about How can PWD Corruption be reduced in India?

 

How can PWD Corruption be reduced in India?

 

Corruption:-

The  modes  of  corruption  are  numerous.  As a  result getting  any service  from the  government requires  the  fulfillment  of  procedures  and  formalities  which  take  a  lot  of  time,  sometimes officials also cause delay to charge some bribe or ‘speed money’. Another form of corruption is in  the of  liaison  men who cultivate close relations with senior officers who are in a position to influence the government policies in their favour and in return to get benefits in the form of cash or  kind,  sometimes  private companies  offer  jobs to retired  officials,  contracts of construction, purchases, sales, etc. are well-known forms of providing benefits for consideration of money. We can also told the second meaning of corruption is BRIBE because all the work are done under the table because of corruption. PWD corruption list is very lengthy because in each and every corner there a person who is corrupt. The most corrupt job in India  are PWD Jobs and Most corrupt departments of india are belongs from PWD. The Question arises here How to reduce corruption?  Read Below

There Are Many Department and Laws which deals with Corruption:-

  • Anti Bribery Act
  • SIT

What is Central Public Works Department?

The  CPWD  came  in  July,  1854.  The  same  year Ajmer  Provincial  Division was  set up  and  a central agency for execution for execution of public works was established by Lord Dalhousie. It has been serving the  nation  for  last 162  years through  the professional expertise in disciplines including  Architecture,   Engineering.  Project   Management   coupled   with  comprehensive experience in building construction and maintenance. It is a central government owned authority in charge of public sector works.

It  is  headed  by  the  Director  General(DG)  who  is also  the  Principal Technical Advisor  to the Government of  India.  The  present DG  is Mr.  Abhai Sinha.  The regions are headed by Special DG’s  and  sub-regions  are  headed  by  Additional  DG’s,  while  the  zones  in  all  state  capitals (excluding  a few)  are headed  by  Chief Engineers. The  CPWD  is under  the Ministry of Urban Development.

Whether it  be the  construction of complex projects  in difficult terrain and maintenance in post construction  stage  the  Cpwd has stood  all  the time.  In  the construction of  stadiums and other infrastructure requirements for Asian Games 1982 and Commonwealth Games 2010 the CPWD has been involved.

Passion   and  enthusiasm   of  CPWD   officers  have   taken  the   organization  beyond  national boundaries.

 

What are the units in CPWD?

There are a number of specialized units under the CPWD to achieve excellence in its operation. These focus  on specific areas of  operations and  develop specialized expertise in the respective fields.The units and their sub-units are:

Central Designs Organization

  •    Designs
  •    Repairs and Rehabilitation
  •    Technology Application and Development Cell
  •    Computer Cell
  •    Central Laboratory

Contracts Standards and Quality Assurance

  •    Contracts and Manual Unit
  •    Standards and Specifications
  •    Techno-legal cell
  •    Quality Assurance Wing
  • Vigilance
  • Landscape Horticulture Unit
  • Architectural Documentation Center

There are three cadres in CPWD:

1) CAS (Central Architecture Services)

2) CES (Central Engineering Services) for Civil Engineers

3) CEMES (Central Electrical and Mechanical Engineering Services)

These  belong  to  Group  A  Civil  Services.  The  recruitment  is also  made  through  Architecture

Services Examination and Engineering Services Examination conducted by UPSC.

Missions

  1. Sound Planning and Design
  2. Engineered construction
  3. Effective Maintenance
  4. Benchmarking the standards
  5. Capacity Building
  6. Public Private Partnership
  7. Manpower Planning
  8. Transparency in Management

There are State Public Works Department for different states.

As it is not possible to discuss all the state public works department so some of the State Public

Work Departments discussed here are:-

Madhya Pradesh Public Works Department

 The  two  premier  agency  of Government  of Madhya  Pradesh engaged  in Planning, Designing, Construction and Maintenance of Government assets like Roads, Bridges, ROB’s, Fly-Overs and Buildings is Public Works Department (B&R) and Project Implementation Unit (PWD PIU).

The total length of Road network in PWD is about 61,616.00 km in Madhya Pradesh.

Missions

To inject innovative technology in the Construction and Maintenance of road network. To train a team of their Engineers to adopt the latest technology.

Improvement of Road geometrics and safety provisions. To replace existing level crossings by Road over bridges.

To provide sustainable development of Road network in the State.

To provide an adequate and efficient Road system encompassing all transportation needs so as to ensure a smooth and uninterrupted flow of goods and passengers traffic both within the state as well as on interstate routes.

 

West Bengal Public Works Department

The Public Works and Public Works (Roads) Department under the PWD are presently charged with the planning, survey, design, construction and maintenance of Roads, Bridges and Buildings throughout the state as well as having various responsibilities for emergency and relief activities.

Besides  construction  of  buildings/structures,  bridges,  roads  including  both  national  and  state highways, they also carry out works relates to electrification, sanitary plumbing, air-conditioning etc. The Department (PWD) is headed by the Minister-In-Charge.

Missions

To extend the economical activities of the whole state.

Create wealth through improvement in the transportation system.

Alleviate poverty through the construction of various bridges, roads, and public buildings along with extending support for improvement of transportation services.

Department  also  has to undertake  responsibilities in the  social area, with  the allotted sum, the department  in  the   changed  scenario  is  geared  up  to  undertake  any  responsibility  for  the development and progress of the state.

Issues and Problems:-

Poor career prospects of officers and staff

Over  the  years,  it  has  been  seen  that  stagnation  has  crept  in practically all  the  grades of the

CPWD  and  State PWD  and the  officers in  the department lag  behind, in terms  of promotion,their  counterparts   in  other  services.  The  stagnation  in  the  grades  leads  to  heartburn  and disgruntlement amongst the officers and staffs.

 

Administrative approval

No approval accorded

It  provides the  competent authority  an opportunity to take  the  decision regarding  the scope of work, specifications, and cost involved. Otherwise, there is a likelihood of misuse of the powers by the subordinates.

Inflated provisions in the P.E.

It  has been seen that exaggerate provisions are incorporated in the preliminary estimate and the margin  thus  available  is misused for  nonessential works  also  for  awarding the work at  higher rates to the contractor.

Major changes made during execution

The  executing  authorities  change  the  scope  and  specifications  to  give  undue  benefit  to  the contractor  by  allowing  him  to  execute  the  items  at  higher  rates.  Along  with  high  rates,  the contractor gets additional work without competition.

Funds allotted to one head is spent on another

Diverting  of  funds  from  approved  works  to  the  works  that  have  not  been  approved  by  the competent authority. Lack of financial discipline in this case.

Detailed Estimate and Technical Sanction

Complete   details  should   be  prepared  for  each  work  regarding  the  schedule  of  all  items, quantities,  rate  cost,  drawings  specifications,  rate  analysis,  measurement  details.  Also,  the technical  sanction  of  competent  authority  should  be  obtained.  It  ensures  that  the  proposal  is structurally  sound.  No  details  and  reference  to  drawings  for  quantities  adopted  results  in the arbitrary  adoption  of  quantities  in  the  estimate.  This  can  be  a  source  of  corruption  during execution to extend the undue benefit to the contractor.

Consultants   are   appointed   arbitrarily   without   transparent   manner   in   a   few   Government departments. The  contract  is  given arbitrarily  to one  of the  firms at  higher  fee without proper publicity  and  competition. Many times punitive action against the consultants is not taken even though they fail to perform the required services. This leads to project delaying and indirect loss in terms of payment of escalation to the contractor.

 

Preparation of Tender Document

Documents  prepared  by  the  consultants  are  issued  to  the  contractors  without  scrutiny  and approval  by  the competent  authority  of  the  department. These contain conflicting,  vague  and ambiguous provisions resulting in disputes, delays and financial losses.

Inviting and opening of Tenders

In  certain  cases  the  Tenders  were  published  in  newspapers  having  hardly  any  circulation, restricted tenders are invited by some corrupt officials for the “Bribe Money”. In some cases, the bribe money is paid well before invitation of tenders.

There  are also  flaws in the Tender scrutiny and award of works, works agreement, Payment to contractors, site records and quality in construction.

Statistics

The  year 2013  ACB  records  say that  eight  PWD officials  were  under the  scanner for  owning disproportionate  assets worth  a total  of  Rs 17. 87 crore. ACB sources said these eight officials had been caught following complaints filed against them by civilians; in some cases, an inquiry was initiated after they were arrested for taking bribes. After all the complaints were verified, the officials were booked for owning assets disproportionate to their salaries.

How can corruption in PWD be reduced in India?

There are a few ways by which the corruption in PWD can be reduced in India:

  •   By   creating  awareness  among  the  people  regarding  the  anti-corruption  bodies  like

Lokpal,  Lokayukta, Vigilance Commission, CBI etc,;

  • widespread  publicity of dismissals  and removals  and compulsory retirement  of  corrupt officers;   ban  on   government   servants  accepting  private,  commercial  and  industrial employment for a  period of two years after retirement;
  •   simple laws and administrative procedures;
  •   better paid but rigidly supervised officials;

Payment/Wages paid to the public officials should be increased as the expense is also increasing. The reason behind increment in the wage is to keep them away from

indulging into illegal activities. Officers can be supervised by keeping record of their work, getting feedback from the general public who come to office, installing cameras in the office etc.

  •   stricter and quicker punishment for the improper use of public authority;
  •   people’s initiative relating to some reform.

Public interest litigation is the most effective manifestation of such initiatives;

  •   by increasing direct contact between government and governed, through E-governance.

This process will remove the role of any mediator. This is also an era of technology so it would  be  better  if more focus is given to tech savvy processes as it will also save the time and will leave no scope for corruption.

 

The Lokpal:

Composition of Lokpal

The institution of Lokpal is a statutory body without any constitutional backing.

Lokpal is a multimember body, made up of one chairperson and maximum of 8 members.

It conducts the preliminary inquiry into any offense alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988.

Jurisdiction of Lokpal:

Group ‘A’ or Group ‘B’ officers and Group ‘C’ or Group ‘D’ officials

Any person who is or has been in-charge (director/manager/secretary) of anybody/society set up by central act or any other body financed/controlled by central government.

Any other person involved in act of abetting, bribe giving or bribe taking

Some important powers of Lokpal

Lokpal has the powers of confiscate the assets, proceeds, receipts and benefits raised or procured by means of corruption in special circumstances.

The  power  to recommend  transfer or  suspension of public  servant  who are in connection with allegation of corruption.

Any  complaint would  not  be entertained if  the complaint  is related  to an  offense that dates as back as 7 years or more.

Lokayukta

It  is an anti-corruption  authority constituted  at the  state level which investigates allegations of corruption and mal-administration against public servant.

The public members can directly approach the Lokayukta with complaints regarding corruption, nepotism or any other form of mal-administration against any government official.

Anti-Corruption Bureau

The  Bureau  was established on January 2, 1961, and fnctions directly under the control of the General Administration Department of Andhra Pradesh Government. The Director General, who is a  senior IPS officer of the rank of DGP, heads the Bureau. The ACB is a specialized agency tackling  the  problem  of  corruption  in  various  departments  of  the  Government against  Public Servants and also Private Persons whoever abet the offenses under the Prevention of Corruption Act,  1988.  Also,  the Bureau  conducts inquiries on  the  basis of the  information received  from various agencies like Government, Vigilance Commission, Lokayukta etc.

Every state has its own anti-corruption bureau and their jurisdiction is restricted to the state and they can only accept complaints against state government employees.

Section 7

Public servant taking gratification other than legal remuneration in respect of an official act.

The Hon’ble Justice Ranganath Mishra has observed certain important ingredients in the case of

 

R.S.Nayak v. A.R.Antulay and another to constitute an offence under Section 7. They are

 

[1] that the accused was a public servant;

 

[2]  that  he  must  be  shown  to  have  obtained  or  attempted  to  obtain  from  any  person  any gratification other than  legal remuneration and

[3] that  the  gratification should be as a motive or reward for doing or forbearing to do, in the exercise of his official function, favour or disfavour to any person.

It is immaterial whether amount is received before or after the favour is done’

 

The  section does  not require that  the public  servant must;  in fact.  be in  a  position  to do  the official act, favour or service at the time of the demand or receipt of the gratification.

To constitute an offence under this section, it is enough if-

 

[a] the public servant who accepts the gratification, takes it by inducing a belief or hold out that he would render assistance to the giver with any other public servant, and

[b] the giver gives the gratification under that belief.

 

It is further immaterial if the public servant receiving the gratification does not intend to do the official act favour or forbearance which he holds himself out as capable of doing.

 

Penalty under Section 7

The person shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

Section 8

Taking gratification, in order, by corrupt or illegal means, to influence public servant

This section says that any gratification taken by a person to induce a public servant for corrupt or illegal means whether the person has succeeded or not in inducing, shall be punishable with imprisonment of not less than 3 years but which may extend to seven years and fine too.

The accused should have the intent at the time he receives the gratification for inducing the public servant.

Section 11

Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant

Main ingredients of section 11 was interpreted by Hon’ble Justice Rangnath Misra in the case of

R.S.Nayak v A.R.Antulay. They are;

 

[1]   that the accused was a public servant.

 

[2] that he accepted or obtained or agreed to accept or obtain a valuable thing without consideration or for an inadequate consideration knowing it to be inadequate;

[3] that the person giving the thing must be a person concerned of interested in or related to the person concerned in any proceeding or business transacted or about to be transacted by the

 

government servant or having any connection with the official functions of himself or of any public servant to whom he is subordinate; and

[4] the accused must have knowledge that the person giving the thing is so concerned or interested or related”

Penalty under section 11

He/She shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine.

 

How and where to complain for corruption?

If the complaint is being made to the Anti-Corruption Bureau

 

  • A complaint to the nearby Dy.Superintendent of Police/Inspector of Police, or the senior officers at the Head Office of ACB at Hyderabad can be made by any person.
  • As far as possible, the complaint should be a written one in any of the languages known to the complainant.
  •   Any stamp fees or any other payment is not required for making a complaint.

 

  • In  case  the complainant is illiterate, he can get his complaint written by a scribe, whose name  and  address  should  also  be  written  at  the  end  of  the  complaint,  and  the  scribe should  also  certify  in  writing  that  the  contents  were  read  over  and  explained  to  the complainant and found to be correct.
  •   The complainant’s  left thumb impression should be affixed at the end.

 

  •   If the complainant is literate, his signatures should be taken at the end of the complaint.

 

  • No  actions are taken  over  anonymous and pseudonymous complaints. However, if they contain verifiable and specific allegations, they may be investigated into.

 

  • Written  complaints/information can  also be sent by mail/email, preferably by registered post. The officers of ACB can also be contacted by telephone.

The telephone numbers are as follows:

Tollfree No.: 1064

Tel : (+91 0866) 2428770, and Cell No.7382625589

Complaints/Information can now also be sent by e-mail [email protected]

In case the complaint is being made to the Chief vigilance commission

The complaints can be sent by post to the Commission but have to be signed and should contain the name and address of the complainant.

Procedure to lodge a complaint through e-mail

 

Complaints are invited through e-mail also. If one wants to lodge a complaint against any public servant who fall within the jurisdiction of the Commission, all he/she has to do is to fill in the following information at the following E-mail address:[email protected]

Name of officer against whom complaint is being lodged

 

Designation/Post held of officer against whom complaint is being lodged

 

Organisation/Department of officer against whom complaint is being lodged

 

Details  of  allegations/misconduct/corrupt  act  of  the  officer  against  whom  complaint  is  being lodged

Name and address of the complainant

 

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References

www.cpwd.gov.in

Book on Indian Administration by Singh Hoshiar timesofindia.com

www.economictimes.indiatimes.com

 www.acbap.gov.in

 www.dnaindia.com

cvc.nic.in

The Prevention of Corruption Act, 1988 

www.ndtv.com

mppwd.gov.in pwdwb.in