Civil servants are required to discharge statutory functions under various legislative enactment which may sometimes be quasi-judicial in nature. The role of the executive magistrate under the Cr. P the role of an Assessing Officer under the Income Tax Act and of the SHO under the Cr.PC and t respective Police Acts are some examples of such functions.
It has been observed that there is a increasing trend on the part of the senior functionaries both in the civil services as well as elect representatives including Ministers to interfere in such statutory functions.
Acquiescence in the face ol such interference is primarily the fault of the officer who has been entrusted with these statutory functions although those bringing such extraneous pressures should also be held to account.
The Commission in its Report on “Ethics in Governance” while examining the definition of corruption under the Prevention of Corruption Act, 1988 has recommended that “abuse of authority favoring or harming someone” and “obstruction of justice” should be classified as an offence under the Act.