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| Existing Anticorruption / Vigilance / Accountability Organisations & the Proposed SVC need a relook | | A Look through the Mist | | By Daya Sagar | 1/9/2012 12:31:19 PM |
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J&K State Vigilance Commission was Constituted vide notification SRO 59 dated 15th February, 2011. The Chief Vigilance Commissioner and two Vigilance Commissioners have not been appointed yet. NO doubt J&K State Vigilance Commission (SVC ) needs to be made functional without any loss of time. J&K Chief Minister has expressed serious concern about growing corrupt practices and his commitment to give an honest and responsive government machinery to the people. But J&K State vigilance Commission under the provisions of present Act will not be able to meet the concern expressed by J&K Chief Minister unless the Act is amended suitably.
1.Sub Sections 3 & 4 of Section 3 of the SVC Act 2011 should be merged . No doubt the notified draft amendments too did say so but the redrafted text of Section should be amended further as ::
“ The Chief Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons who have been in All-India Service or in any civil service of the State or in a civil post under the State having knowledge and experience in the matters relating to vigilance, law, finance, policy making and administration including police administration ;(a) provided further that the person should have retired from regular government service not less than one year before the date the process of selection is initiated , (b) Provided further that persons from services / lawyers / Judiciary / private sector where exceptional suitability could be assessed by the committee, too could be considered”.
2. No doubt the Government has made sincere efforts for making / harmonizing provisions of SVC Act with the Central Vigilance Commission Act, 2003. But there could also be some lacunae / deficiencies in the Central Vigilance Commission Act, 2003. So, Government of Hon’ble Omar Abdullah should seize this opportunity to make the J&K SVC Act more effective and adequately fitting to the administrative / political environment that we have today. Earlier the government servants could be questioned even for non performance of their duties before the State Accountability Commission ( Section-10 “ covering mal administration..). But now government servants have been taken out of the scope of State Accountability Commission. But this” default” does not figure that pointedly in the JAMMU AND KASHMlR STATE VIGILANCE COMMISSION ACT, 2011. Therefore ,Willful neglect and non performance of duties be also included in the scope of the definition of the Corrupt Act in SVC Act 2011.
In case the Chief VC / VCs are picked from retired government servants looking more at their unblemished service career and capabilities , their official level ( Rank) while in active service shall not raise the questions of seniority like it happens for in service candidate. The Chief Secretary J&K Government is also a civil / public servant who will be under the jurisdiction of SVC. Hence the “qualifications” and status of the Chief Vigilance Commissioner / as well as the Vigilance Commissioners surely need a review. The amendment to the SVC Section -3 as proposed above has been made keeping in view these requirements as well. After a person has retired only his truthful commitment, integrity, knowledge , efficiency and not the rank from what he retired would matter for appointment as Vigilance Commissioner. A retired Capt from Army can after retirement one day become Defence Minister of India and is placed above the Chief of the Army. So what matters the "INTENTION" "WILL". As per the SVC ACT there would also be a Vigilance Organisation headed by a Director Vigilance (to assist the Commission) to be appointed by Government from amongst the in service officers from government of rank not less than IGP. Particular attention is drawn to Section-23 of SVC Act 2011 ( Amendment to Section -2 and Section 10 &11 of Acl No XIII of Samvat 2006 ). WE have today many retired IAS /IPS /IFS / IRS services officers who come out with proposals and questions against the Government after they retired .But what have they been doing during their active service , could question .So for selecting persons for organizations like SVC it is not the "STATUS" ( in any field) that one has acquired during government service that should matter.Rather what one has TRUTHFULLY and with commitment done for the common cause should matter. Ofcourse as per the present norms of placement of officer at superior ranks ( Commissioners / Secretaries / IGPs/ DGPs) , the general experience / qualifications that are mentioned for the persons to be considered for appointment as VCs would be mostly met only by the retired officers from amongst the IAS / IPS/ Central services.
It has also to be kept in view that an in service government officer when appointed would get a service benefit of extension in service upto 65 years of age ( in case retirement age is raised to 62 years by GOI). Hence there could be cases where to get such appointment some officers may try to win favours of political bosses for appointment in case inservice candidates are also considered for appointment.
The Jammu and Kashmir Government SERVANTS' PREVENTION OF CORRUPTION (COMMISS ION) ACT, 1962. had provision for Constitution of one or more Commissions by the The Governor by the name as Anti-Corruption Commission / Commissions ( each having its own identity) for inquiry and reporting upon the cases of which they may take cognizance. Where ever a Commission had more than one member one was to be the Chairman. The Act also laid down that Governor may establish an investigating Agency consisting of such officers and staff as he may think fit to appoint for the purpose of this Act and that agency as was established ( if I am not wrong) was more known as Anti Corruption Organisation. So, keeping in view the performance of THE JAMMU AND KASHMIR GOVERNMENT SERVANTS' PREVENTION OF CORRUPTION (COMMISSION) ACT, 1962. ACT No. XI OF 1962, the SVC Act 2011 need to have better / improved administrative and legal strength than the Prevention of Corruption Act 1962 . But so far the act does not provide so.
Hence (a) No in service government officer should be appointed as Chief Vigilance Commissioner and Vigilance Commissioner.(b) persons to be appointed there if selected out of the IAS / IPS /IRS / IFS / Civil servants / PSU officers / Government servants , it should be ensured that the person should have retired not less than one year before the date the process of selection is initiated (c) Keeping in view that there would also be a Vigilance Organisation headed by a Director Vigilance (to assist the Commission) to be appointed by Government from amongst the in service officers from government of rank not less than IGP. Particular attention is drawn to Section-23 of SVC Act 2011 ( Amendment to Section -2 and Section 10 &11 of Acl No XIII of Samvat 2006 ), it would be worthwhile to also include for consideration persons from services / lawyers / Judiciary / private sector where exceptional suitability could be assessed by the committee. (d) reconsideration of the jurisdiction of the State Vigilance Commission as regards its involvement /Authority ( including administrative / superintendence ) in/ over the appointment of Director Vigilance Organisation (e) no Chief Vigilance Commissioner should be appointed for the second time nor should he be appointed on any other statutory post after completing his term as CVC. Similarly a in service VC could be promoted as CVC but his total tenure should not be more than 5 Yrs.(f) after these amendment is incorporated the maximum age for retirement of CVC/ VC could be raised to even 70Yrs.)
A good number of the Sections of the Act were debated in the media after February 2011 and at other forums by NGOs and some opinion makers. The criteria / qualifications kept for appointment of the Chief Vigilance Commissioner, Vigilance Commissioner and the appointing authority as well as terms of appointment were particularly questioned. It was suggested that since (i) even the J&K State Accountability Commission has not been able to deliver effectively, (ii) exiting Vigilance Organisation too has come under question with the coming of SVC Act and (iii) even the scope of operations of the State Accountability Commission has been reduced by excluding the Government servants from the arena of State Accountability commission with the passing of the SVC Act in 2011 , hence a committee should be constituted including some members from civil society to examine and draft amendments to the SVC 2011. The need for constituting a redrafting committee is / was more pressing keeping in view (i) the seriousness of the issue and keeping in view the questions being raised even on the performance and integrity of some members of prime services like IAS /IPS (ii) inspite of the best efforts of the government the present Vigilance Organization that came into existence in 1983 has not been able to deliver results in a convincing manner (iii) even the State Accountability Commission has not been able to successfully perform and get implemented its recommendations, may be due to structural and procedural limitations.
And But government had redrawn on its own some sections of the CVC Act but before ordering amendments through an ordinance the draft amendments were put for public suggestions vide Notice No: Vide GAD/VIG/5/ADM/2010 dated 28 April 2010 issued by Commissioner / Secretary GAD . In the draft amendments surely some useful changes had been made by government. But still a lot needed to be done. So, in response to the public notice issued by GAD suggestion were sent by the public. How far the suggestion have been considered is not known since the J&K SVC has not yet become operational.
Daya Sagar is a Sr coloumnist of Kashmir affairs and a social activist [email protected] 9419796096)
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