Joginder Singh, IPS (Retd)
One advantage for bureaucrats, who run into Ministers, who are the power centres, every day, is to brain wash the most intelligent of the political leaders. Bureaucracy, had managed to provide a protective shield against themselves since1988 against corruption, in the form of a single Directive, or a Government Order. They managed to upturn the 1997 judgement of Apex Court in Jain Hawala case, when again this provision was got reintroduced in the 2004, CVC Act.
India in December 2013, was ranked among the world’s highly corrupt nations at the 94th spot in a global list, prepared by the Transparency International. At the top is Denmark and New Zealand as the cleanest, while Somalia emerged as the most corrupt. Incidentally, under the Indian Laws, only Bureaucrats can be charged with corruption.
And still they have made fool of the Governments over a period of time, by introducing the delaying tactics in the rules and laws.
While India’s rank has remained unchanged from the last year, it has emerged as more corrupt than three of its BRICS peers — China (80th), South Africa and Brazil (both ranked 72nd) —) in the annual list of 177 countries, in the same list compiled by Transparency International.
According to the list, India has scored 36 points on a scale of 0-100, where 0 means that a country is perceived as highly corrupt and 100 means it is perceived as very clean. The money has been looted by a vast majority of the bureaucrats, who including the State and Central Employees including that of the Public Sector, employees, number over 1.93 Crores as against about 5100 MLA’s, M.P’s including the Ministers.
The bureaucrats proffer an excuse that they are reluctant to take decisions, lest their bonafide be questioned. Nobody has called their bluff, by asking such persons to seek retirement or to resign.
You cannot be a non performer or a conniver and still be immune to any inquiry.
They say that they are afraid of CBI. Infact the CBI is one of the smallest organisations, with about 6500 sanctioned strength and 5300 actual. Out of this less than 25% are the actual investigating officials, rest being the supervisory officials.
Inspite of the orders of the Supreme Court, the Government ( Read Bureaucrats) sits on the cases of the fellow service officers for years, to save them.
For the past one year, 15 cases of corruption at higher offices are pending with the Central Government in which the CBI has sought permission under 6A of Delhi Special Police Establishment Act (DSPEA). This is one of the biggest impediment, according to agency, to check corruption at higher offices.
It is not the politicians, but the fellow bureaucrats who come to the rescue of the corrupt.
Now since Supreme Court has struck down this provision, the major crescendo of the bureaucrats is that they are afraid of the CBI Inquiries, which inhibit them from taking the decisions.
India is the only country in the world, where the Government works at cross purposes. Those who have seen the “Yes Minister” and “Yes Prime Minister” , a BBC serial, would probably feel that it applies more to India than to Great Britain.
Bureaucrats are paid to work and work honestly.
If they had stood for the right things and not become pliable, none of the Scams like the Bofors, Common Wealth Games, Coal Gate, or 2 G spectrum or Rail Gate would have occurred.
But for 95% top bureaucrats, safety, security and a post retirement sinecure comes first, let the rules, laws and country be damned.
The IAS Bureaucrats have ensured, that no other service or direct entrants to senior posts from public sector are allowed near the Ministers, though theoretically all Secretaries jobs are open to all services in India.
Only late Rajiv Gandhi brought half a dozen people from the private sector. After that the bureaucracy made sure that the scheme of picking up the best, out side their empire, was thrown in the dustbin Now The Supreme Court brought relief to the CBI and discomfort to the corrupt, as it took away the shield that protected top bureaucrats from being investigated in corruption cases without prior approval ( mostly of their fellow bureaucrats, but nominally the Ministers, most of them did not know anything of the administration in the past).
Bureaucrats are mistaken, if they think that they can get around the present Prime Minister and make him do their biddings. If nobody has anything to hide, why should he or she be afraid of any inquiry.
As it is, the laws even according to an observations of the Apex Court made in August, 2012, are sleighed in favour of the criminals, rogues, thieves and accused and are not designed to protect the victims. Infact, the boot should be on the other leg, where in the corrupt bureaucrats should be called upon to prove, that whatever assets they have, are not disproportionate to their declared and known means of income. Left to themselves, the Bureaucrats would like to become even Supreme Court and High Court Judges after retirement.
It is time to remind the Government, that in the scheme of Lok Pal, the bureaucrats tried to smuggle in a retired Secretary as a Member and the Supreme Court had to point out, as to why people dealing with the corruption have not been added.
Infact, Bureaucracy in India, without working had never so good in the past ten years.
Article 311, of the Indian constitution, unfairly protects employees of the Union and State Governments. This needs to be abolished, as it is irrelevant and unjust, since it protects only 1.87% of Indian, who are the employees of the State and Union Government, and indirectly, the employees of the organized private sector.
There is No fear, of Loss of Job, whether you deliver, or not, in our country. Government and PSU employees, seek and get protection for lifetime employment, even if, (1) they work or not, (2) they are honest or corrupt, (3) they are absent but marked present, (4) they are efficient or inefficient, (5) they get their work done from other (subcontract their work), (6) wilfully destroy public property (only the People of India are the true owners of public property and NOT the employees) (7) take sick leave of 30 days/year year after year.
It is impossible to be sick, every year, exactly for 30 days! (8) Government needs to restrict , retrain, redeploy and restructure, for productivity improvement within the same organisation and (9) Any disruption of work, and damage or sabotage the fixed assets of public enterprises, in order to pressurize management, should automatically lead to dismissal.
Instead of pampering, its employees, who are called Government servants, the Government should make the bureaucracy accountable, which will lead to greater efficiency. Fix a time limit not only for the disposal of files, but also going to the fields to check the progress of the schemes launched.
The Secretaries to the Government and the Heads of the Departments should be held personally accountable, for any malfeasance or corrupt practices in their respective Department.
India is full of experts. At least 50% top jobs should be reserved from the people outside the bureaucracy. At present accessing for meeting or contacting on phone, even a petty bureaucrat, is next to impossible, though 90% of them have the Government Mobile or land line Phones.
Sometimes, the Prime Minister and other Ministers should try to speak to some of them, as a common citizen, to test the veracity of my claim.
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