Bowing before bureaucrats

An investigation officer has to face job uncertainty for his failure to appease top officials in the commission. On the other hand, he has to face music in the courtroom to let corrupt government officials go scot-free.

— Moidul Islam former director general of the ACC

On a day in early 2017, an ACC commissioner (investigation) ordered an assistant director to rush to Narail's Lohagara upazila and probe a graft allegation centring on the social safety net programme.

About Tk 2 crore was allegedly misappropriated by creating fake projects to pocket funds from the government scheme. After enquiry, the commission filed two cases against the then upazila nirbahi officer, an engineer, the local chairman and contractors.

As preparations were underway for filing two more cases, the assistant director was shocked to know that he had been served a show-cause notice asking on what grounds he went to probe the matter.

"The then ACC chairman was not happy. For about six months, the officer was not given any new task. He was literally cornered," said an ACC official, wishing not to be named fearing reprisal.

The cases went nowhere as the Anti-Corruption Commission drew the conclusion that those allegations were not true. Recommendations for filing two more cases were also not entertained, he said.

It had created a lot of tensions between the chairman and the commissioner back then, added other officials involved in the cases.

For the cases, the anti-graft watchdog appointed a new investigation officer who recommended submitting a final report -- instead of a charge sheet -- before the court.

On September 10, 2020, the ACC wrote to the Cabinet Division that the court had accepted the final report and ordered taking necessary measures. By that time, both the cases were shut.

This is the tip of the iceberg as there are several instances where the commission did not take up cases against government officials.

According to ACC insiders, the top tiers of the autonomous body always sympathise with officials of a particular cadre -- administration -- and sweep corruption allegations involving them under the carpet.

"The commission has turned into an organisation of giving clean chit to admin officials," said another officer, preferring not to be named.

In many cases, he said, the investigation officers give in to pressure and submit reports against petty officials.

The "soft stance" of ACC towards the admin cadre has long been a major cause of grievances among its officials.

A glaring example is the sacking of deputy assistant director Sharif Uddin, which triggered huge outrage among his colleagues. They say he was "punished" for unearthing graft against some top bureaucrats.

The top tier of the watchdog comprises eight director generals, one secretary, two commissioners and a chairman -- 10 of the positions filled by former and current bureaucrats.

A former district and sessions judge holds the post of the commissioner (investigation) while the director general (legal) is an incumbent district and session judge.

The ACC commissioner, who ordered the investigation into the alleged corruption of Lohagara UNO, was also from the judiciary.

'WE'RE ASKED TO GO AFTER PETTY EMPLOYEES'

In 2019, a newspaper reported that the then land secretary used official cars for family affairs. Besides, he drew a car maintenance allowance violating rules.

A day after the publication of the news, the allegation reached the ACC. Instead of initiating an enquiry, the then ACC chairman Iqbal Mahmood referred it to the Cabinet Division.

Around 14 months later, the Cabinet Division sent a reply to the ACC along with an explanation of the land secretary.

Terming the news report fabricated and intentional to tarnish the government's image, the land secretary wrote, "During a field trip to check on officials and attend public hearings, it was not possible to pay full attention to family matters. I used that official car for a special necessity of the family temporarily since my personal car bought at interest-free loan was out of order."

There was an allegation that apart from using an SUV allotted for official purposes, he and his family members used two more government cars.

"There was ample evidence of misusing power and public money by the land secretary. But the commission did not show interest in probing those allegations," said an ACC investigator.

Another ACC investigator said, "Had the ACC taken some action against top bureaucrats, it would have created instances … government officials would not dare commit corruption."

"Instead," he added, "we're asked to run after petty employees like security guards and peons."

In December 2019, 45 officials of different ministries and organisations made a trip to Seattle to take delivery of a Boeing aircraft. Some media ran reports on this as the expenses for the trip were paid from the public exchequer.

The ACC too received a complaint over this. The complainant said he works in Qatar Airways that receives 40-50 new airplanes each year, and only the engineers and a set of pilots go to receive the delivery.

Once again, the ACC bosses directed officials to forward it to the authorities concerned.

"Send it to the secretary, civil aviation … for looking into this," reads a note signed by Iqbal Mahmood on the top of the file.

Three months later, the civil aviation and tourism ministry wrote back to the ACC chairman pointing out its logic behind the large entourage.

An ACC official who was involved in the correspondence said the allegation was brought 10 days prior to the delivery.

"Had the commission taken a prompt action, such a huge misuse of public money could have been stopped … The commission waited for reports that came almost three months after the event," he said.

Contacted, Moidul Islam, former director general of the ACC, said an investigation officer has to face job uncertainty for his failure to appease top officials in the commission. On the other hand, he has to face music in the courtroom to let corrupt government officials go scot-free.

"They face this double whammy."

Moidul, who served in the commission for about nine years, opined that the ACC was formed to function as an independent organisation. "But it has gradually been gripped by the bureaucrats and is losing its independent character."

There are many ACC officials who are senior to and more efficient than the bureaucrats sent to the commission on deputation. The deputed officials who have little or no knowledge about ACC's investigation method, dominate the investigators.

Iqbal Mahmood, immediate-past ACC chairman, could not be reached for comment despite several attempts.

Current ACC Chairman Mohammad Moinuddin Abdullah said it was not true that the commission was biased towards bureaucrats.

"If anything related to administrative matters come up, we forward it to the department concerned. But if we get enough information about corruption, we go for investigation," he said.