HC Gupta's Ordeal: Honest Civil Servants Need Protection, Not Criminal Cases

Harish has had an impeccable reputation – and was regarded very highly by his peers, writes BK Chaturvedi.

I had always told all my officers that an honest officer need not fear anything. Harish Chandra Gupta's case has given a serious blow to this belief.

(Photo: PTI/Altered by The Quint)

When undergoing training at the national academy in Mussoorie, there were many lessons imparted. During that period, and subsequently during the district training, a constant refrain was that if you are honest, you can take risks to deliver results. The government – we all believed – would only look at how effective you are in implementing programmes for development, handling law and order, and taking initiatives for future growth of different sectors. An upright and honest civil servant was assured of full government support.

I had always told all my officers that an honest officer need not fear anything. Harish Chandra Gupta's case has given a serious blow to this belief. He is facing criminal cases which no other officer has faced since the inception of the service.

The recent judgment of the Central Bureau of Investigation (CBI) court in Delhi gives some hope to a large body of civil servants. At the same time, amendments made to the Prevention of Corruption Act 1988 in 2018, especially in Section 13, include Mens rea (criminal intent as a necessary ingredient of guilt), but it gives no benefit to Harish as it is only applicable for cases post 2018.

An Officer with an Impeccable Reputation

HC Gupta – or Harish as I always called him – was a brilliant student and topper in the list of Indian Administrative Service (IAS) officers of his batch. From the beginning, he has had an impeccable reputation. He was always regarded very highly by his peers, his seniors, as well as his juniors. He belonged to the same cadre as me, and on several occasions, he succeeded me.

So, when the CBI filed a number of cases relating to allocation of coal blocks in which he was implicated, we were all extremely surprised.

As we learnt about these cases, one thing became clear – in none of these cases has there been any allegation that he has benefited in any manner or money has been given to him. Nearly all the cases have been decided by an inter-ministerial committee based on recommendations of state governments and administrative ministries.

And yet, he had to face 19 criminal cases, two of which he has now been acquitted in. Out of these, in 12 cases, trials are at various stages, and in five of them, appeals are pending as he was convicted by the trial court.

Having spent nearly four decades in government with a shining reputation for honesty, to spend next two decades fighting cases in court and spending money on lawyers must be a humiliating experience for any civil servant. No wonder during trial in the court in one of the cases, Harish told the court to send him to jail as he could not afford lawyers.

No Question of Criminal Case

The government takes many decisions based on recommendations of the committee appointed for this purpose. These are based on facts available to the committee. However, it is possible that some more facts emerge later – and the decision taken may be incorrect. There may be a need to review such decisions. But unless there is some malafide, there should be no question of any criminal case.

This aspect has been completely overlooked while filing these cases against Harish. Even well-intentioned bonafide decisions have been called criminal acts if later some deficiency was found. In fact, these are bonafide decisions.

Often, on same facts, two committees have different views. It is a question of assessment.

I have chaired umpteen committees in which secretaries to the government had different views on a given situation. To call them criminal acts is patently incorrect and unjust. It is unfortunate that the government decided to prosecute him and had no regard for his past glorious record.

Harish's Case a Deterrent for Joining Civil Service 

Sometime in 2004, the Government of India had decided to give petrol pumps to private individuals to run. All over the country, nationalised oil companies appointed committees to give petrol pumps. Many of these committees had retired judges as chairman.

Subsequently, there were complaints of abuse of authority. It was decided to cancel all petrol pumps – and a judge was appointed to look in to all these cases.

Finally, some 60 percent allotments were cancelled and made to new persons. But neither any criminal case was registered, nor anyone was prosecuted.

Sadly, in Harish's case, possibly, there was a change in the government taking place. After the cancellation of all allotments by the Supreme Court, it was decided to file criminal cases instead of appointing another committee under a judge to make fresh allotments. Focus was on filing cases. No consideration was made of how honest civil servant would suffer.

The case of Harish worries many honest civil servants. They have not amassed any wealth and have been upright in their service career.

At the fag end of their career, if their reputation is spoiled and they have to fight cases in court spending their hard-earned money on lawyers, it is unjust and unfair.

Fighting cases in the courts is a costly business. Where from do they get the money for it? If they are poorly represented in the courts, they are bound to suffer.

It is also a deterrent for joining civil service or following an honest and straight path. The government needs to reflect on this and make policy changes appropriately in such cases. Specifically, the policy must ensure that an honest and upright civil servant like Harish, who is in the evening of his life, does not suffer any more.

(BK Chaturvedi is former Cabinet Secretary, Government of India, and member of the Planning Commission. This is an opinion article, and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)