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| True corruption can not be pulled to level ZERO, but surely RULE of THE CORRUPT can be Dismantled J&K State Vigilance Commission Act too needs a relook | | Is not The “ CORRUPT” Crown Prince” of the day ”? | | Daya Sagar | 9/4/2011 8:48:51 PM |
| Indian Parliament too has expressed no less concern as regards corruption on state resources on 27th August. But one thing that surely comes out from events is that corruption ( with particular reference to public institutions < government , legislature, judiciary > ) has totally unbalanced the Indian economy and under the conditions prevailing / systems in hand, reining the corrupt elements with the normal methods appears not easy in the near future inspite of the fact that number of institutions / departments / agencies like CVC / CBI/ Crime Units control / police stations / civil police man power and communication / control system have grown many folds in the independent India after British retreat.
Some voluntary organizations / social workers are raising miseries of the common man who has to every day deal with patwari, clerk, police constable , school teacher. Even MNREGA has been accused of corrupt practices by Sr. leaders like Sh. Rahul Gandhi. Rarely it could be quoted where an IAS / IPS /IRS / IAAS / revenue officer ‘s house ( booked by CVI / SVO ) has been confiscated or he has been imprisoned or dismissed from services. On the contrary there are many cases where accused government officers / officials are later released as innocent and they are paid huge sums of pay arrears since the investigating / prosecuting government agencies fail to prove the charges before courts. There have been cases where some IAS officers after they come out of the alleged corruption cases are given promotions worth rising to the highest levels of bureaucracy. So, how to l control theft on STATE Exchequer ?
In J&K , State Accountability Commission was installed in 2004. This Accountability Commission had powers to only get enquiry conducted and send recommendations to government. But most of the recommendations sent by SAC to Government for stoppage of pension, dismissal from service etc have not been executed by State Government and some recommendations got stayed by the Hon’ble HC. No follow up was done for implementation from any side. And above all J&K SAC has not functioned from 2008 April / May to July 2011 being headless. And to this J&K Government has in 2011 managed to get the J&KSAC Act amended to exclude the Bureaucrats from its scope. Earlier under J&K SAC a politician / bureaucrat could also be proceeded against for non performance of duties as well. Additionally when Bureaucrats were under SAC , it was easier to prove guilt of MLA/ Minister. Although SAC has no power to order punishment still it could disturb the corrupt bureaucrats. It is also alleged that bureaucracy might have used its closeness with the politicians to get the SAC Act of 2004 amended through the J&K State Vigilance Commission Act of 2010 to take out the bureaucrats out of J&K State Accountability commission.
Omar Abdullah’s Government has pledged to route out corruption but still the Chief Vigilance Commissioner has not been appointed and complain against bureaucrats can also not be made in the J&K State Accountability Commission. Unless the J&K State Accountability Commission Act is Amended to empower the Commission to order prosecution / order administrative penalties and AGAIN include the bureaucrats in the scope of J&K SAC it is very much doubted that the SAC in present shape would yield results. The J&K State Vigilance Organisation too is still “ dormant” since after the J&K State Vigilance Commission Act 2010 till date the J&K SVC has not been constituted. I have submitted suggestions to Hon’ble Chief Minister through GAD on the draft for amendments to J&K SVC Act circulated by the Government ( no doubt Hon’ble CM had accepted some suggestions regarding constitution of Commission but still some gaps required to be filled) and hope government will serious consider the suggestions submitted by the civil society.
It could be alleged that Intentions in general do not appear that truthful. That is why demand for setting up institutions like JAN LOK PAL / Lok Pal/ LOK AYUKTA with powers to receive complaints, hold enquiries, order registration of FIRs, send cases for prosecution, order monetary penalties are being made. Times demand effective working laws worth defeating the rule of the CORRUPT, otherwise the institutions created in routine to fight the corrupt would only burden the common man.
Prime Minister Man Mohan Singh had said from the ramparts of Red Fort that that he had no magic band worth immediate dismantling the rule of the Corrupt. True corruption can not be pulled to level ZERO, but surely RULE of THE CORRUPT can be Dismantled . The affairs can not be left to go like this.
Corruption on the state exchequer / development expenditure / sharing fortunes with the tax / excise / custom duty / by income tax evaders and non performance of public utility government departments like education / health / social justice / crime / law and others forces the government to deploy additional manpower .And meet additional costs government has to levy more and more direct indirect taxes to make good the low money use efficiency of the government machinery. Costs can not be reduced unless money use efficiency of government funds improves. For this there has to be an effective check on the levels of corruption in government machinery .And this is solution to checking undue price rise.
No doubt the data on the projected development and growth rate quoted by government sources does convince some. It was in 1960s that some one raised the issue of corruption on state resources even by some CMs. Nehru jee was quoted as having said that don not worry , after all the corrupted money shall remain in India. The game of averages does not reflect the real picture. Imagine a river has depth ranging from 1 foot to 9 foot and average depth is 5 foot. Looking at average an army commander asked all troops over 5 foot height to cross the river and result was that 3/4th of his troops were drowned. The same is the case with averages on Indian economy . The growing national wealth / resources have been unduly “dumped” on their own sides by “a few” where as the masses have been pushed low down .But average figures look fascinating. And in addition to above, all the corrupted money has not been kept in India, it has been moved out . Some have even alleged that money deposited directly / indirectly out of India is more than Rs.400 Lakh Cr. Surely Nehru Jee might not have anticipate such export of “Wealth India”.
Voluntary organizations like India against Corruption / Vichar Kranti Manch International / GRASP INDIA / Jammu Gramin Sanstha / Sanskar..….. are out to demand framing some laws / acts that could weaken the rule of the CORRUPT. Some people still disagree arguing that when there are already many institutions ( CVC/ CBI / SVO ( JKSVC ) / JK SAC) to check the corrupt why make more new laws? Simple answer to this is that when asked , any one /any where would in general suggest ( privately) that it is not easy to get through any work without unfair gratification / recommendations.. This does not mean that 100% government machinery is corrupt. But , when the above observation could hold good for 2/3rd of the infrastructure that matter , it could be said that the “ CORRUPT” is the “Crown Prince” of the day. ”
In a democratic country like India (i) the security of life/ property and rights of common man (ii) care of the common wealth / state exchequer (iii) collection of fundsfor state exchequer in the shape of INCOME TAX, VAT,EXCISE DUTY, CUSTOM DUTY, INCOME TAX, mineral resources (iv) use of public funds for welfare / development programmes (v), guarding the national wealth (vi) care of the right to work / trade / wealth / live peacefully totally rest on state government / legislature / judiciary. In case the Government servants go greedy for money / draped in corruption the life the common man would become difficult. With government machinery going corrupt, some private parties too succeed in doing thefts of sales tax/ excise / custom duty and developmental funds. A big chunk of funds drawn from state exchequer for constructions / education / health/ public security/ is unfairly pocketed by the corrupt elements and the infrastructure / facilities so created do not deliver targets / do not stay for projected life time ; and government needs additional money for same works / infrastructure.
. (Daya Sagar is a Sr coloumnist of Kashmir affairs and a social activist [email protected] 9419796096)
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