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| Need for Vigilance Commission has emerged out of non performance of Vigilance Organisation | | | Daya Sagar | 6/1/2012 10:35:53 PM |
| These days it is so often alleged that Commissions and Committees are no more than means to rehabilitate and financially benefit some favoured or influential people. The men in the services are also accused of working to please the political bosses so that they could be suitable accommodated while in service or after retirement. Keeping inview (i) the alleged level of corruption (ii) non performance and (iii) so low a level money use efficiency of the government machinery / civil services ( INDIA HAS THIS DAY ) there is/was utmost need to have persons sitting in the chair of Chief Vigilance Commission// VC who can dare standing against bureaucratic /political / economic pressures. These observations can not be totally negated and can not be so simply ignored . With the present rules for qualifications / conditions for appointment of Chief of J&K State Vigilance Commission there is every possibility that some in service officers may lobby to get appointed immediately on retirement or while in service itself .And those who would extend favours would surely need some thing in return. Senior officers are often found lobbying for securing re employment in Commissions after retirement. Looking at the quality of end services delivered by the Commissions, enough of grit could be seen in these allegations. Similar type of debates and discussions had started when the appointments of Commissioners in J&K State Information Commission were to be made. The timing of selection committee meetings was linked by some with the retiring and aspiring civil servants. And now speculations had started the same way when the appointments of Chief Vigilance Commissioner and two VCs are to be made. The Committee for deciding the panel names for consideration of Governor J&K met on 28th May. Leader of Opposition in Legislative Assembly Ms Mehbooba Mufti has been reported to made a dissent note on panel drawn by majority opinion . She has expressed some reservations on the names included in the panel . Mehbooba Mufti has even said publically that Committee should have considered some persons even from the civil society ( from outside working / retired civil servants). No doubt as per the terms and qualifications / experiences that are laid under the present law only the civil / police officers from IPS / IRS services in general would qualify, but still the suggestion is of value. Such suggestions were also made to government ( also by me ) when some draft amendments were put for public suggestions by GAD (GAD/VIG/5/ADM/2010 dated 28 April 2010 issued by Commissioner / Secretary GAD ) but he same were not incorporated in true spirit.
It can not be overlooked that the acts of corruption / non performance and allegedly corrupt government servants have not been so far punished worth an example by the anti graft organizations / commissions ( like J&K State Vigilance Organisation /J&K State Accountability Commission so far. No less humiliation has been faced by J&K Chief Minister when his attention had been drawn towards the results of some socio economic surveys placing J&K State government at 1st or 2nd Rank in the field of corruption. Surely it must be due to this that the J&K Chief Minister went for even amending the State Accountability Commission Act and installation of a new organization as J&K State Vigilance Commission in place of J&K State Vigilance Organis-ation (that has remained headed by even an highest rank IPS officer . Je yeh State Vigilance Organ-isation ki nakaami hi thee ki J&K Vigilance Commission Act 2011 pass karnae ki jaroorat padee thee. Eis liyae CVC aur VC ki neeyuktee bahoot hi mahatav poorn hai. Omar Abdullah has repeatedly asserted that the J&K SVC Act is aimed at truthfully cleansing the so polluted administrative / political environment that we have today. .In the past some government officers ( though in microscopic numbers) were dismissed from services on corruption charges / non performance or were given premature retirements from services or have been recommended for terminations / withdrawing of pensions ( even by J&K State Accountability Commission) but the order could not be carried / defended by the governments before the courts. Why ?
What would the person appointed as CVC or VC deliver has to be seen later on. But let the government / selection committee demonstrate fair intentions worth acceptance by people at least at the time of selecting the panel. J&K State Vigilance Commission was Constituted vide notification SRO 59 dated 15th February, 2011. More than 15 months had already been lost and heavens would not have fallen in case some more time was taken for the satisfaction of the stake holders. . No doubt the selection committee has already sent the panel of names to Hon'ble Governor Sh. N. N. Vohra ( just a day after the committee had met on 28-05-2012) But still much could be done for demonstrating the fair transparency and undoing the reservations expressed by Mehbooba Mufti .The issue is surely beyond number games and deserves to be properly addressed to her satisfaction / common man.
Among other things , there is utmost need for securing the public vote also on the names in the panel. Although not laid down in the JK SVC Act 2010 , but still before sending the recommendations to Governor Government must make public following information and give 2 weeks time to public for providing any wanted information to the select committee for such like appointments. Although for this case recommendations have been sent , still it could be done on behalf of or by the Governor :
1. Make public the details of assets held by the incumbent before joining government service .
2. Make public the details of property / assets held by the incumbent, his /her spouse, children at the time of his / her retirement / at the time of selection.
3. Make public the details of money spent on the education of his/her children ( including professional education) in the Private institutions and payment seats in Government Universities. 4. Make public the Expenditure made / dates / venues on the marriage his/ her sons/ daughters.
5. Make public the details of medals and certificates he / she has earned during services.
6. And above all make public performance as head of department / vigilance organization / crime organization / and like listing the names / number of corrupt / non performing subordinate officers/ employees he had punished at his own level or recommended to the government for taking action against senior officers while heading vigilance / police / revenue organizations . It shall not be in the greater public interest to delay the functioning of State Vigilance Commission since due to delay even the working of the exiting Vigilance Organisation has been affected. But, the process for corrections should not stop and government should consider for some amendments in Act like (i) Section 3 of the Act should be amended 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."; 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" " Provided further that persons from other services / lawyers / Judiciary / private sector , where exceptional suitability could be assessed by the committee, too could be considered".
After a person retires it is only his commitment, integrity, knowledge , efficiency that matters. Rank from what one retired should not matter.. As per the SVC ACT there is a Directorate of Vigilance to "assist" the Commission ( Director Vigilance of the rank not less than IGP ). 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 for appointments is the "INTENTION" "WILL". Going by the level a IAS/ IPS/ Civil Servant has risen simply on the cadre base seniority WILL surely not serve the purpose. Rather the past numerical performance of the civil servants / police officers / others while in service as regards the finalization of vigilance cases /crimes / timely execution of projects / rewarding the honest workers need be kept in view. It can not be ignored that even the appointment of central Chief Vigilance Commissioner India had pushed the Man Mohan Singh government into unbearable embarrassments. Under the circumstances such like appointments have to be made beyond minutest doubts even to the extent of reinvestigating the service career of the incumbent .People have this day lost faith even in the truthfulness of merits and decorations that government servants earn while in service.
Daya Sagar is a Sr coloumnist of Kashmir affairs and a social activist daya sagr45 @yahoo. com 9419796096) |
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