Public officials: Anti-corruption laws, rules relaxed over the years

DHAKA – For more than two decades, laws and regulations intended to curb corruption among government employees have been relaxed, giving officials room to commit irregularities while maintaining relative impunity.

Both the BNP- and Awami League-led governments have amended the laws, easing penalties for corruption.

In 2018, as a result of an amendment to the Disciplinary and Appeal Regulations of Government Employees (1985), the authorities introduced a “reprimand” as a punishment for corruption proven through investigations.

Before this amendment, the penalty was “compulsory retirement”, “dismissal from service” or “dismissal from service”.

Civil service expert Firoz Mia said relaxing rules and regulations would have a detrimental impact in the long run.

“If an investigation shows that a government employee was involved in corruption, why should that person be in the service? Why would other officials work alongside a corrupt person? What message would my colleagues get?” – He asked.

Instead of giving corrupt officials the opportunity to evade accountability, the government should introduce stringent anti-corruption rules that ensure transparency, he added.

In April, an investigation found that Promatha Ranjan Ghatak, now deputy secretary, embezzled Tk 7.35 crore while he was land acquisition officer in Madaripur from June 2020 to June 2021.

On paper, he transferred money to five residents who owned plots of land acquired by the state for the Padma Bridge. However, in fact, as investigations by the Ministry of Public Administration showed, the plots belonged to the government and there was no need to pay compensation to anyone.

The punishment Promatha received was demotion from the position of senior assistant secretary to the position of assistant secretary.

Feroz Mia said the punishment was not commensurate with Promatha’s offense.

A joint secretary of the cabinet department, requesting anonymity, said: “If the 1985 rules had not been relaxed, the official would certainly have been sacked. As long as he is there, his honest colleagues will feel uncomfortable.”

In April, the government reduced the salary of Bir Amir Hamza, deputy land commissioner in Bogura Sadar Upazila, for a period of 12 months after he was found guilty of forgery for financial gain.

The punishment raised eyebrows because many of his superiors thought he would be fired.

Many believe that the government has provided impunity to public servants by enacting the Government Services Act, 2018, which replaced the Public Servants (Dismissal after Conviction) Ordinance, 1985.

According to a 1985 regulation, a government employee convicted of an offence should be dismissed.

Under the 2018 Act, an employee can continue to work even after being convicted of a crime and serving a sentence of up to 12 months in prison.

Another example is the 2002 amendment to the Public Servants (Conduct) Rules – 1979.

Pursuant to Art. 13 regulations, civil servants had to submit an asset declaration to their departments every year.

But workers now have to do it every five years, thanks to a 2002 amendment to the rules by the BNP coalition government.

According to sources, many officials do not bother to submit asset declarations at all.

In addition, the Ministry of Public Administration has taken the initiative to further relax this provision. The ministry proposes that, if necessary, the government collects employee asset declarations from annual tax returns.

Former secretary Badiur Rahman said weakening the law meant encouraging corruption.

Lax regulations and laws send a message to government employees that they can get away with corruption, he said. “These amendments are a step in the wrong direction.”

Only strict law can stop corruption, he added.

Arif Khan, a Supreme Court lawyer, said: “Making laws and regulations that encourage corruption is tantamount to ignoring the Constitution.”

The Constitution provides that the government shall enact regulations to prevent any citizen from possessing illegal property. According to Article 20, Section 2 of the Constitution, “The State shall strive to create conditions in which, as a rule, persons will not be able to benefit from unearned income…”

Over the past few weeks, corruption by several government officials has made headlines.

Awami League leader and lawmaker Mahbubul Alam Hanif told parliament on June 25 that corruption had overshadowed the government’s achievements.

“The government has repeatedly announced its zero-tolerance policy towards corruption… Rules and regulations have been relaxed and relaxed. Errant officers can work with the bare minimum of penalties.”

He said the Government Services Act 2018 could be “considered an act intended to protect criminals”.

On June 26, MP Kabirul Haque said corruption had been institutionalised.