Rajasthan new law: Can't prosecute public servants without sanction

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction.

The Criminal Laws (Rajasthan Amendment) Ordinance, 2017, promulgated on 7 September, also seeks to bar the media from reporting on accusations till the sanction to proceed with the probe is obtained.

“No magistrate shall order an investigation nor will any investigation be conducted against a person, who is or was a judge or a magistrate or a public servant,” reads the ordinance which provides 180 days immunity to the officers.

If there is no decision on the sanction request post the stipulated time period, it will automatically mean that sanction has been granted.

The ordinance amends the Criminal Code of Procedure, 1973 and also seeks curb on publishing and printing or publicising in any case the name, address, photograph, family details of the public servants. Violating the clause would call for two years imprisonment.

The government has also directed all officers and other employees to not make any "baseless" comments or allegations against any person, party or organisation through press or social media.

Referring to the All India Services (Conduct) Rules 1968 and Rajasthan Civil Services (Conduct) Rules, a government circular said no officer or other employee shall over any media make any statement or opinion which has the effect of an adverse criticism of any policy or action of the government.

The employees through the circular issued recently were warned of disciplinary action if found involved in making baseless allegations or comments.

Secretary, department of personnel, Bhaskar A Sawant in the circular warned of strict disciplinary action if any officer or employee failed to comply with the directions.