A journalist, K M Basheer, was killed after his bike was rammed by a car driven by Kerala IAS officer Sriram Venkitaraman. The accident happened in Thiruvananthapuram in the wee hours of Saturday.
Sriram, who was reportedly in an inebriated state, could face action that could affect his official position, sources hinted. Experts point out the various steps that are likely to be taken against him and the punishment he would have to undergo as per the Civil Service Law.
Experts’ take
If an FIR has been filed, the accused would be summoned to the police station and questioned, irrespective of who the government official is. If found to be guilty, the accused can be kept on remand. After that he/she can be produced before the court. If the officer was kept in police or judicial custody for more than 48 hours, he or she should be suspended. Even if the officer is not at his place of duty, deemed suspension should be made. It is not necessary that he has to receive the order personally. This is applicable to all Group A officers (highest class of government servants), the experts pointed out.
When the officer re-joins the service after the remand period, the suspension should be withdrawn and disciplinary action should be taken. Suspension should be followed by a charge-sheet. The punishment would be given, considering the gravity of the crime. Only minor penalty is sought in case of a civil dispute. However, major penalty would be given in case of a criminal offence.
The punishment
In minor penalty, the officer's salary could be cut down, increment stalled and demoted from his position. The increment can be stalled for up to three years. The officer can be even terminated from service if major penalty is given. Or he might be asked to go on forced retirement. It is for the disciplinary committee to take a call on this.
In Sriram's case, it is for the chief minister, departmental secretary or chief secretary to take disciplinary action. After that, the charge-sheet would be given, which could be a major or minor penalty.
Only after the chief minister's instructions are also added, the report would be sent to the Union Public Service Commission (UPSC). The final decision would be made by the Union Ministry of Personnel, Public Grievances and Pensions.
Law-abiding officers?
As per the Civil Service conduct rules, the officers are on duty 24/7. The norms also stipulate that the officers should not appear before the public in a drunken or doped state. Sriram has violated the service rules as well, it was pointed out.
Criminal case and service case are both different. Even before the criminal case is settled, disciplinary action can be taken in the service case.
In Sriram's case, an officer who has to abide by the law, violated it.
The civil service officers command lot of respect in society. Even if they commit seemingly minor errors, it could lead to huge consequences. For instance, the arrest of Safeer Karim, IPS, who copied during the UPSC exam. However, these many procedures were not needed to oust him from service. As he was a probationary officer, it would have been enough to give a show-cause notice before removing from the service.
However, Sriram has completed the probation period and has been made permanent in service. Only after a proper investigation is held and a charge-sheet submitted, action can be taken. But he can be arrested as an ordinary citizen.
