Dopt control over cbi affects its independence: cbi to sc

DoPT controlling day to day affairs of CBI adversely affects the efficacy and independence of its functioning, the agency told today the Supreme Court while insisting on ex-officio power of

secretary to its Director to reduce bureaucratic layers of scrutiny. The agency contended before the apex court that there is no rule which says that the Department of Personnel and Training

(DoPT) shall control CBI's day to day affairs despite being attached to the department and sought power for operational autonomy. In an affidavit filed by its advocate Amit Anand

Tiwari in connection with the coalgate scam, the agency said, "The sole purpose of the CBI in seeking powers beyond what has been granted to it presently, is to make its Director more

empowered to enforce and ensure more professional, efficient, expeditious and impartial conduct of CBI investigations". "Even if CBI is an attached office with the DoPT, nowhere is

it provided in the relevant rules that DoPT shall control the day to day affairs of CBI thereby adversely affecting the efficacy & independence of investigations and prosecution being

carried out by CBI," the affidavit said. "That CBI is admittedly not a wing under the DoPT and the CBI’s proposal of its Director directly reporting to the Minister DoPT is

appropriate as it would remove the present anomaly of CBI despite not being wing of DoPT, is still controlled by the DoPT with Secretary DoPT being the reporting authority for the

Director," it said. The agency said CBI never intended to take itself out of the purview of the executive control but there are many instances where lack of adequate administrative

& financial powers has resulted in the investigation suffering inordinate and avoidable delays. "It is humbly submitted that in the present arrangement, the administrative,

disciplinary and financial powers of CBI Director, are limited and this impinges on his ability to ensure expeditious, complete and independent investigation and high ethical standards among

his sub-ordinates. "Therefore, it is essential that the Director should be vested with ex-officio powers of Secretary, reporting directly to the Minister DoPT without having to go

through the long and cumbersome hierarchy of Under Secretary, Director, Joint Secretary, Additional Secretary and Secretary DoPT. This would enhance functional efficacy of CBI

investigations, cut the delays on account of bureaucratic red tape," it said. It submitted that financial & administrative powers are not essential only for its efficient

functioning but also for insulating it from bureaucratic control in its day to day functioning that are closely linked with probes. "It has to be emphasised that operational autonomy of

the CBI is predicated on the organisation having sufficient financial and administrative strength to ride over routine obstacles that may come in the way of its day to day functioning. This

genuine request of the CBI merits the highest consideration of the Court," it said. The agency said that its Director is already in the grade & pay scale of Secretary and giving

the powers of Secretary would in no way hamper good governance or disturb the necessary checks & balances.