Introduction to Blog

I launched the website and the Blog after having spoken to government officials, political analysts and security experts specializing in South Asian affairs from three continents. The feedback was uniformly consistent. The bottom line is that when Kashmiris are suffering and the world has its own set of priorities, we need to find ways to help each other. We must be realistic, go beyond polemics and demagoguery, and propose innovative ideas that will bring peace, justice and prosperity in all of Jammu and Kashmir.

The author had two reasons to create this blog. First, it was to address the question that was being asked repeatedly, especially, by journalists and other observers in the U.S., U.K., and Canada, inquiring whether the Kashmiri society was concerned about social, cultural and environmental challenges in the valley given that only political upheaval and violence were reported or highlighted by media.

Second, the author has covered the entire spectrum of societal issues and challenges facing Kashmiri people over an 8-year period with the exception of politics given that politics gets all the exposure at the expense of REAL CHALLENGES that will likely result in irreversible degradation in the quality of life and the standard of living for future generations of Kashmiris to come.

The author stopped adding additional material to the Blog once it was felt that most, if not all, concerns, challenges and issues facing the Kashmiri society are cataloged in the Blog. There are over 1900 entries in the Blog and most commentaries include short biographical sketches of authors to bring readers close to the essence of Kashmir. Unfortunately, the 8-year assessment also indicates that neither Kashmiri civil society, nor intellectuals or political leadership have any inclination or enthusiasm in pursuing issues that do not coincide with their vested political agendas. What it means for the future of Kashmiri children and their children is unfathomable. But the evidence is all laid out.

This Blog is a reality check on Kashmir. It is a historical record of how Kashmir lost its way.

Vijay Sazawal, Ph.D.

Monday, June 29, 2009

Institutionalized Corruption

Ghulam Nabi Mir explains how certain amendments to service rules give arbitrary powers to a particular class of top level bureaucracy

Encouraging Sycophancy

Advocate Gulam Nabi Mir

The Government, vide SRO-27,1 dated 28th July, 2007, made certain amendments in the J&K Administrative Service Rules, 1979, inserting sub rule 6-B in the said rules. However, this sub rule is not only arbitrary and harsh but smells of malice. The sub-rule needs to be repealed in view of the fact that it is against mandates of law, besides being violation of human rights. These rules are prone to misuse and manipulation, especially sub section d, e and f of sub rule 6-B; these are reproduced as under:

If the Vigilance Organization has received any complaint(s) against any officer, the gist and nature of such complaints shall be made available by the Vigilance Commissioner to the General Administration Department for placement before the Establishment-Cum-Selection Committee for taking a view.

Inputs obtained by the General Administration Department from sources other than Vigilance Organization about the reputation and integrity of the officer shall be placed before the Establishment –Cum Selection Committee for taking a view;
In case the officer has been acquitted in any criminal/vigilance case, the Establishment-Cum-Selection Committee shall examine the grounds of acquittal, i.e. technical grounds or merit. In case, the officer has been acquitted on technical grounds, the Committee shall make specific recommendations whether the officer deserves to be empanelled for promotion to the Special scale/Super Time Scale or not;

These sub sections of the sub rule 6-B appear to be inserted with bias and vendetta against a section of employees who either are not posted in the Secretariat or do not enjoy close proximity to the persons at the helm of affairs. These Rules can become a tool of coercion to make people fall in line. It is a potential threat against those who are against Sycophancy and dare to take bold initiative to fight this menace of in the Administration or plead for transparency in the dealings which is often seen as undesirable.

By virtue of these rules any officer can be deprived of promotional benefit merely on an imaginary case either contemplated or likely to be contemplated against him and even false implication would mar his career.

The canons of law of land are clear that unless a person is convicted by a Court of law he cannot be treated as guilty or said to have committed the crime and nobody can be condemned unheard while as the sub sections referred to above vest all legal/judiciary powers with the Establishment Committee and the persons in corridors of Secretariat. These rules are even abusive to most stringent anti corruption rules of state and by inserting these sub rules the Government proves that it does not either trust these rules or the agency implementing these. No law of any place suggests double penalty for a crime. However, under these rules if a complaint of corruption or misuse is established against an accused he would be twice panelized, and if proved innocent even then he stands penalized.

These extra constitutional powers provided to a particular class and agency are bound to tell upon the imitative of officers and would compel them to either camp in the corridors of Secretariat or in the kitchens gardens of their bosses. In case present Government is sincere in allowing officers to work transparently and without prejudice to any section of society it must ab initio repeal the rules on the grounds put forth above and as the same are not applicable to human society, admitted principles of law, and principles of natural justice.

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