SC trashes PIL for enforcement of filing of immovable property returns by govt officials

New Delhi, Nov 6 (IANS) The Supreme Court on Wednesday dismissed a public interest litigation (PIL) seeking enforcement of the statutory rules mandating government officials submit their annual immovable property returns.

"We will not entertain this PIL. We will not monitor all this now, else we will be only doing this exercise," remarked a bench headed by CJI D.Y. Chandrachud.

The PIL litigant submitted before the Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, that the plea seeks directions for compliance of Rule 18(1)(ii) of the Central Civil Services (Conduct) Rules, 1964 mandating filing of annual immovable property returns by Group ‘A’ and ‘B’ officers.

Further, the PIL sought directions to the Union government to ensure that property returns are collated, monitored, and scrutinised to maintain transparency, accountability and integrity in public administration. It said that filing of immovable property returns are critical tools to ensure transparency, accountability and integrity in public administration and despite repeated Office Memorandums of the Department of Personnel and Training (DoPT), the filing is minimal and the statistics on the submission is neither maintained nor monitored.

"The non-enforcement of the legal provisions (relating to filing of immovable property returns) has serious implications for governance. Transparency and accountability are cornerstones of public administration, and the failure to ensure compliance with asset declaration laws is improper," said the plea filed by advocate K.C. Jain.

Referring to the Union of India vs. Association for Democratic Reforms case (2002), the plea said that the Supreme Court has ruled that citizens have a right to know the actions and assets of public functionaries, which is derived from the fundamental right to freedom of speech and expression. "The judgment, thus, reinforces the need for regular asset disclosure by public servants to prevent the accumulation of illicit wealth and curb corruption, establishing a strong foundation for the relief sought in the present petition," the petition added.

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