Dr. Gopal Parthasarthi Sharma
In the backdrop of two recent orders from the top bureaucracy in the state – one from the Financial Commissioner Revenue and another from the Education Department, one can easily deduce that the state is headed towards a major power struggle between bureaucracy and democratic institutions. These orders are just not isolated cases in the state as a number of ministries are facing a tug of war between politicians and bureaucrats since the formation of the new Government few months back. From being a covert fight it has become more official now as the bureaucrats have started asserting more vigorously. At present, the war seems to be in favour of the ‘Babus’ as majority of the ‘Netas’ are comparatively new to the intricacies of governance and are complacent.
The first Circular bearing No. FC (A)-17-II/Trnsf/2015 that came from the Revenue department is not just an administrative order but has larger ramifications as it carries an open threat in unambiguous language restraining Government employees from getting demi-official or in more common parlance ‘DO letters’ from politicians for getting choice postings. The order transgressing formal official language carries intimidating language threatening employees of dire consequences of getting red entries in APRs (Annual Performance Reports) and even finding their names in the ‘deadwood’ list if they seek support from politicians and public representatives. Suddenly the bureaucrat passing the order has invoked rule 17 of J&K Government Employees (Conduct) rules 1971 as if something extraordinary has happened in the state. The recent concept of ‘deadwood’ has found a new usage as a tool to threaten employees representing against arbitrary transfer policy of the state.
The second order bearing No. 327-Edu of 2015 that came from the education department may be less pointed as regards language but it also restricts Government employees against representing their transfer cases irrespective of the genuineness of their representations. The order tells them to immediately follow bureaucratic dictates without even waiting for the outcome of their representations. This order also is an open challenge to the authority of the legislators in running the Government as it tries to undermine a well established way of resolution of public grievances. If such orders are not challenged by the public representatives elected through democratic processes more bureaucrats will follow the suit to force their authority on the system.
If there was a fair, transparent, and well defined transfer policy in place in the state these orders would have found many takers among employees as well as general public but in the absence of any such credible edifice these orders seem draconic and arbitrary. Do these bureaucrats mean to suggest that once they transfer someone there is no scope for modification? Are they suggesting that they cannot falter and they hold absolute rights as regards transfers and politicians have no right whatsoever to ask for modifications even on merit. These orders are not simple threats to the employees seeking postings and modification of postings instead these orders are being used by the bureaucrats as a litmus test to check the level of resistance from the political establishment in the state. Since majority of the legislators and ministers are novice the bureaucrats are just trying some arm twisting and posturing. A number of politicians and even ministers are complaining about bureaucrats overruling them as well as ignoring their requests. Unless they assert at this point it will be very difficult for them to represent their constituencies in such matters where bureaucrats are trying to hold the key to power.
If the intention of these orders is to check ‘transfer industry’ for which the state has earned a great reputation (pun intended) in last one decade, then the bureaucrats must understand that prize postings are not given through DO letters but are distributed in high level meetings in their very presence. DO letters are generally issued to hapless employees who do not get solution to their genuine problems within department and approach politicians and are offered these letters as a consolation. Even those issuing these letters are not sure about the efficacy of these letters and use these letters as a means of gratifying their voters. Such restrictive orders will increase frustration among aggrieved employees who are thrown to terribly tough terrains repeatedly just because there is no well defined transfer policy in the state.
Is it a crime to represent one’s case to a public representative? These orders are threatening people against going through a constitutional setup. No wonder if tomorrow another high headed bureaucrat comes out with another order threatening employees against going to the courts for redressal of their problems. The fact is that the bureaucrats are trying to kill two birds with one arrow. On one hand they are trying to keep the ‘transfer industry’ with themselves keeping hapless employees under their authority and on the other trying to play a mind game with the newly elected legislators who are still finding it hard to understand the working of the government. They are trying to psychologically overpower the public representatives by telling them that nothing will happen as per their wishes.
The script of this imminent war was written as soon as the new coalition Government took charge. The Deputy Chief Minister had to face humiliation as the top bureaucrat defied his orders and made some important transfers related to a ministry of Deputy Chief Minister’s portfolio. The meekness with which that situation was handled by the political establishment has emboldened the ‘babus’ and the recent orders are just a beginning.
This problem will aggravate in the coming days as the bureaucrats will try to further tighten the screw and impose their authority. The Chief Minister with his vast experience and other senior colleagues must put a check on such bureaucratic misadventures before it turns into a full-fledged war between the two important constituents of governance. The public representatives must be given due importance in decision making and they should have a right to demand modification of arbitrary Government orders. DO letters being a global practice of redressing public grievances should not be treated with such abomination and bureaucrats must understand that politicians are answerable to their constituencies and their genuine interventions must be respected. After all they have to seek fresh mandate at the end of the present term.
All elected representatives must assert themselves collectively irrespective of their political affiliations as the matter is of great importance to uphold the democratic institutions in the state. The opposition having better experience in running government must come forward to thwart any bureaucratic misadventure by supporting the Government on this issue.
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