Mumbai: The Maharashtra government’s suggestion to make IAS officers and their family members declare their assets and properties, would be challenged in court if formally proposed, senior bureaucrats have said.
Finance Minister Sudhir Mungantiwar has reportedly suggested guidelines to Chief Minister Devendra Fadnavis making it mandatory for not only bureaucrats but even their spouses and children to declare their assets. Mr. Mungantiwar’s suggestion was triggered during a discussion with senior secretaries during the State Cabinet meet this week.
However, members of the State IAS Association have said they could move court if forced to go beyond ‘reasonable limits’ of declaration. Mr. Mungantiwar had said, “If politicians can declare their assets why not civil servants? People have the right to know their assets.”
A senior member of the State IAS Association, however, said these were tactics to distract from pressing issues. “Enough is enough, and if forced to declare what is beyond reasonable, we would ensure it does not stand legal scrutiny. Somebody will go to court.”
Senior officials said the Department of Personnel and Training’s (DoPT) annual statement of returns already makes it mandatory to declare the assets of bureaucrats’ family members. The DoPT returns, which are required to be filled in and submitted by every member under the relevant provisions of Conduct Rules, require giving particulars of all immovable property owned, acquired or inherited by them or held on lease or mortgage, either in their own name, in the name of any family member or in the name of any other person dependent on the government servant.
As per DoPT data, 320 officers of the Maharashtra cadre have submitted their returns as on January 1, 2018, which is one of the highest among the large States. Last year, the DoPT even directed civil servants to furnish details of both movable and immovable properties and assets before January 31, 2018. This was in line with the DoPT Act that came into force in April 2011.
Senior officials claimed the matter is already in court, where an officer’s wife has filed a petition against being subjected to a declaration under the Lokayukta Act. “The Lokayukta Act also is seeking amendment in this regard and sooner or later this will anyway be made mandatory for movable properties. But wives and children are independent entities, and if they are scrutinised one is forced to ask where the buck stops. Will they then ask declarations from friends as well,” said a senior Maharashtra bureaucrat. The Lokpal Act amendments on public declaration of spouses and dependent children is still not formalised, officials said.