Wednesday, February 27, 2019
Political Corruption and Vigilance Essay
Greater transpargonncy is an unstoppable force. It is the product of emergence demands from e genuinelybody with an interest in any corporation-its stake holder web-and of rapid proficient change, above all the sp need of the internet, that makes it far easier for firms to supply information and harder for them to stay fresh secrets. Firms now know that their internal e-mails may one day shape public knowledge, for instance, and some(prenominal) big companies mustiness(prenominal) co- exist with independent websites where employees git meet anonymously to air their grievances. With greater enhancer exit recognise greater accountability and better corporate behaviour. Rather than engage in futile resistance to it, firms should actively embrace transparency and breathing the determine and generally get in better shape. Don Tapscott, co-author of The bare-ass CorporationContentsSl.no Contents Page no. 1 Prologue I 2 Message by CVC regarding watchfulness AwarenessWeek II3 T he Malaise of depravation 1-4 4 Evolution of the c oncept of heed 5-7 5 Vigilance and line managers 8-11 6 What is Vigilance angle? 12 7 Relevant extracts of IPC relating to publicservants 13-148 Prevention of subversive activity good turn 15-27 9 Right to Information Act 28-47 10 FAQ on PIDPI endurance 48-50 11 CVC circulars on tendering 51-99 12 Preventive caution circulars 100-132 13 Vigilance case studies 133-145 14 Checkpoints on handling of tenders 146-151 15 EpiloguePrologue It gives me vast pleasure to state that in an attempt to inculcate a smack of VigilanceAwareness amongst the employees of NCL, a modest effort has been made by the Vigilance Deptt. of NCL to publish a mag named Vigilance Perspective.The magazine is intended to be quarterly in its periodicity. The contents of this issue beget been calibrated and fine-tuned to include topics that fatherdirect nexus with the perceived fate to promote vigilance alertness/consciousness amongst the employees of NCL. In this endeavor no attempt has been made to project the claim of originality in any dash.CVC vide their commandment no.008/VGL/069 dt.7.10.08 had directed to use the Vigilance Awareness Week to publicise the fortress informers resolution (Popularly known as Whistle Blower Resolution). Having regard to the mastery of CVC, a writeup on lodging complaint under PIDPI Resolution has been corporate in this issue. Apart from Right to Information Act, and Prevention of Corruption Act, it contains chapters on leading vigilance case studies of NCL and system improvement circulars issued as a consequence of vigilance activities in NCL.Handling of contracts and public procurement of goods and service are generally perceived to be depravation prone areas. Considering the compulsion of making public procurement efficient, transparent & equitable important CVC guidelines on tendering procedures have been made a part of this publication.Besides, the gist of CVCs findings on irregularities fo und by them in handling of public procurement forms a chapter in this issue under the head Checkpoints in handling contracts/supplies/leverage. It is hoped that the checkpoints could be quite useful and handy for executives/employees in handling contracts/supplies/purchases.The housemaid attempt has been possible on account of the untiring efforts of and unceasing/ depressed endeavor of the executives/non executive of Vigilance Deptt. of NCL. Especially, but for the diligence of Shri Ashok Kumar, Sr.PA, Ms Reeta Pandit, Sr.PA and Shri R.Swansi, Sr.PA, it would non have been possible on the part of the undersigned to bring this out.Message by CVC regarding Vigilance Awareness Week Vigilance Awareness Week would be observed in all Governent organizations from 3rd. Novemberto 7th. November 2008. It is the time of the year when we consecrate ourselves and rejuvenate our commitment to the cause of creating conditions to eliminate rent seeking behaviour and to figure that public serv ices are rendered with utmost satin flower, sincerity and efficiency.2. The Commission would a interchangeable(p) to see promotion of Preventive Vigilance Activities with emphasis on development of a foolproof system. A system that encourages strict adherence to the principles of non arbitrary decision making on the basis of well defined regularizations would go a wide way in obviating the need for corrective action well after the event is over. There can non be a more apt description in this regard than the old saw Prevention is better than cure.3. The role of the Secretaries to the Govt. of India and the CMDs of the PSUs and the Public Sector argots, as heads of the vigilance administration, in this regard, hardly demand any emphasis. Vigilance is very much a management tool and, as such, should be use synergetically with the other tools to improve efficiency by promoting competitiveness, equity and transparency.4. The fight against turpitude is too serious a task to be left to the heads of vigilance in Govt.Organisations or the Commisison alone. The civil society and citizens in general must play a far more effective and pro-active role in this fight. Of particular importance in this endeavour is the recourse to Public vex Disclosure and Protection of Informers (PIDPI) Resolution, 2004, under which the complainants can approach the Commission directly as Whistle Blowers. The Commission expects committed to protecting the sanctuary and identity of the Whistle Blowers and urges more such persons to come forward in order to expose adulterateion in public tone, taking prefer of PIDPI Resolution, 2004.(Sudhir Kumar) (Ranjana Kumar) Vigilance Commissioner Vigilance Commissioner (Pratyush Sinha) Central Vigilance CommiassionerTHE MALAISE OF CORRUPTION-ITS diagnosis & PROGNOSISGandhiji once remarked Nations are natural of travails and suffering.The Independent India was born because of the dedication, suffering and sacrifice of our freedom fighter s. Our freedom struggle is a good word to the indomitable spirits of Indians to counter an oppressive regime and usher in a rude(a) era for us. Nehrus Tryst with destiny speech narrow the tone for optimism for post- independence of India.Though the nation has made giant leaps in its position in the comity of nations,yet crippling pauperism of some, low per capita income & the standard of living of an average Indian as compared to the citizen of a genuine nation remain as enduring features of Indian deliverance. A large chunk of Indians live under the poverty line. Roti , kapda & makan still remain a distant dream for toiling millions of Indians. It is a strange ridicule that India prides itself on having its presence in the Moon when quite a few Indians fail to make both ends meet. It is a story of contrasts-of prospered Indians making amark in all spheres of human activities in the international level when millions of Indians are unable to make two ends meet.cosmos Hunger In dex of IFPRI, the human development index of UN, World Bank data on child malnutrition and maternal mortality rate,Corruption perception index of Transparency international, a survey of the center for media studies on petty defiles, index of economic freedom published annually by the heritage foundation and Wall Street Journal, the world bank annual series on Ease of Doing business, infraction of rule of rightfulness and difficulty in closing business do not frame India in good light.CORRUPTION-THE VILLIAN OF THE PIECEUndoubtedly, Corruption is one of the predominant reasons for Indias tailwardness in respect of some of the socio- economic indicators of development. The process of economy is inversely related to the decadency index. To put it the other way, the GDP of a nation rises as the degeneracy index falls and vice-versa. The corrosive personality of subversive activity is indicated by the following negative impacts of rot It adversely affects the cognitive carr y through of the system as a whole and compromises the economys long term dynamics. It generates negative economy wide externalities that denigrates efficiency of the system. Corruption leads to the favoring of unable producers It distorts the allocation of scarce public resources andcauses leakage of revenue from government coffers to one-on-one hands. It distorts the allocation of scarce public resources and causes leakage of revenue from government coffers to toffee-nosed hands. heroic scale tax evasion erodes the tax base and in the process helps the generation of black money. Hence, it is not un putting surface to find schools without students, teachers without schools, hospitals without doctors or medicines and so on ,though on paper all expenditures have been accounted for. Large scale tax evasion erodes the tax base and in the process helps the generation of black money. The result is crowding out of investment in priority sector such as education or health. Corruption in the economy leads to inflated government expenditures and scarce resources are pinched on uneconomic projects because of their potential to generate lucrative payoffs.No interview that degeneration is anti-poor and anti-national. In the immortal talking to of Mahatma Gandhi, The progress of the nation will be hindered to the extent to which putrescence seeps inTHE PERCEIVED NEED TO engagement CORRUPTION As Dr. Manmohan Singh, the PM of India has observed, Good governance rests on the honesty and integrity of civil servants and transparency of the administrative machinery.Because of the negative impact of corruptness on public governance and its intrinsic nature to baulk at the developmental process, there is both real and perceived need to storm corruption. HOW TO FIGHT AND DECIMATE CORRUPTION? The pessimists would lament that corruption is an invincible hydra-headed monster, which genus Phoenix equivalent, rises from the ashes of its own destruction. On the contrary, t he perennial optimists harbour a contrarian standstill . Their self-belief to wrestle with the malady of corruption stems from theirconviction that within each corrupt prescribed inhabits an honest person with the vanity of an honest individual. Besides, they reckon with the detail that the vast majority bitterly resents corruption they suffer in silence, sometimes in fear. Such resentments, if harnessed, would constitute a potent weapon against corruption. advantage they say is a self-fulfilling prophecy. In other words , if it is thought that corruption can be defeated, then it surely will be. However , if it is believed that corruption is intractable, then the pessimism will in all certainty fulfill itself. On this earth there is affluent for everyones need , but not enough for their greed-GANDHIJI7The fight against corruption can hardly be successful when public awareness is coupled with anti-corruption efforts. The unproblematic accusative of creating public awareness is to sensitize the public about about the consequences of corruption and to educate the people about the improvements needed to create a corruption free society . As the current President of India,Mrs Pratibha Devsingh Patil has succintly observed, A corruption free society is only possible if basic tenets of righteousness are deeply ingrained in our hearts and minds.The CVC in their message on Vigilance awareness week have appropriately contended, However, to fight the hazard of corruption , collective and concentrated efforts are required in which the common man , who is the ultimate victim and beneficiary is an important partner. An evil like corruption can be eliminated only when the common man is authorise to becomefully aware of his rights , feels the need and has the urge to stand up against corrupt public servants.The right to information Act,if used to the optimum and in a judicious manner, has the potential for such empowerment. When the common man becomes aware of his ri ghts and duties, is familiar with rules, regulations ,laws,instructions and so forthhe jettisons being the willing accomplice to corrupt practices. It needs an attitudinal change in him to non-co-operate with venal officials. Besides , a realization should wrap up upon public officials that They are the servants of the public and not their masters They should remind themselves that they should be so high that law is abovethem. In other words they should respect law and believe in rule of law. Their actions are example to public and judicial scrutiny. They should be sensitive to the grievances of employees They should act reasonably, fairly and judiciously in exercise of discretion They must not do what they have been forbidden to do, nor must they do whatthey have not been authorized to do. They must act in good faith, must have regard to pertinent considerations, mustnot be influenced by irrelevant considerations and must not seek to promote puposes alien to the letter and spirit of legisation. Their actions should be rational, efficacious and regular in nature. Law should not be administered with an evil eye, uneven/oppressive mind andunequal hand Hostile discrimination without translucent divers(prenominal)ia should be avoided at allcost. To avoid disproportionate administrative action. Among a people generally corrupt, liberty cannot long exist. Edmund Burke (1729-1797) British semipolitical writer8The vigilance awareness week provides an opportunity to rededicate ourselves to this mission and devise strategies in priority areas like system improvements and interference vigilance . It also provides an opportunity to reach out to the stakeholders with a n open mind and to invite suggestions to chalk out ways and core to deliver services in a transparent and efficient manner and to devise a methodology to eliminate corruption from public life. The primary objective of the observance is to generate vigilance awareness amongst the stakeholde rs of NCL i.e., customers,employees , vendor partners etc. It was intended to sensitize the people about the need to wrestle with the calculus of corruption.It is possible to reduce corruption if only we convince ourselves that it can be done. The way out of corruption is to1. eliminate the corrupt practices in our official procedure. 2. combine- consider one integrated service counter instead ofmany 3. re-sequence which can improve efficiency and reducecorruption 4. substitute -offer the filling to download routine forms fromthe web to finish off the nexus of the peddlers 5. interpolate procedures 6. We must all understand the evils of corruption and imbibe theculture of honesty,integrity, transparency and probity. Russel verbalise if you articulate a point of view often enough it acquiresrespectability. Nothing is as powerful as an idea whose time has come- so lets open our minds to the idea that corruption can indeed be defeated.De tocqueville has said that the inevitable can become intolerable as soon as it is no longer perceived to be inevitable- so lets reject the inevitabilityof corruption and soon we may find it to be truly intolerable.Shaw -success comes to the undue man who wants to change so lets resolve to be unreasonable. Corruption is like a ball of snow, once its set a paradiddle it must increase. Charles Caleb Colton (1780-1832) British clergyman, sportsman and author. I have often sight that a bribe has that effect it changes a relation. The man who offers a bribe gives away a little of his own importance the bribe once accepted, he becomes the inferior, like a man who has paid for a woman. whole wheat flour Greene (1904-1991) English writer.9EVOLUTION OF THE CONCEPT OF VIGILANCE By B.Pradhan party boss Vigilance Officer/NCLEtymologically, VIGILANCE connotes watchfulness and the planned effort to produce and punish corruption and bribery. But the excogitation of vigilance has undergone metamorphosis in the course of inexorable marc h of human history. The present concept of vigilance, however, is inextricably connected with its history. It can be understood properly only when it is read in conjunction with its history. An man emerged stumbling and slouching from the jungles and put forward his tentative step in the direction of a civilized existence, he has been seized of the problem of combating corruption both at the individual as well as the social place. In other words, the problem of corruption is as old as the human race and mankinds war against corruption dates back to Adams Original sin. Before human beings coalesced into society, the life of human beings was eithersolitary, poor, nasty, brutish and short or one of formal savage. In either case, the yearning or search for an ordered, regulated, corruption-free and dovish life has exercised the minds of thinkers, philosophers and social scientists. Concurrently, with the evolution human society, mankind has devised structures, systems, rules, regula tions, legal mannikin and principles for regulating human behaviors so as to obviate the scope for corruption in socio-economic- political order.We may have a glimpse of the architectonic changes or shifts that have taken place in mans quest for rightness, liberty, equality & integrity. It is a matter of history that highly developed civilization existed in China, Egypt, Mesopotamia, Babylon and India in ancient days. It is also a incident that corruption, in its different forms, also coexisted during those days. So also, the human endeavor to crush and eliminate corruption in its different manifestations. The wide prevalence of corruption in Ancient India is evident in Kautilyas Arthasastra. Kautilya drew a parallel betwixt a slant in water and an official of the state invested with power for discharging the functions of the state. With words, pregnant with wisdom and indicating his pragmatism/political sagacity, he observed that just as it is difficult to say whether a fish deep in water is drinking water or not, so also, it is not easy to say whether government servant is corrupt or not. He also says that just as it is impossible not to discernment the drop of honey or poison that is placed at the end of the tongue, so it is rather impossible for the government employee not to eat up at least a bit of kings revenue.In his monumental work, Kautilya lists 40 ways of embezzlement. Not only that, he prescribes different punishments for different crimes. Besides, Indian folklore is replete with stories of kings and nobles employing the services of spies for keeping an eye on potential criminals, enemies of state and offenders of discipline. Further, the concept of policing was an integral part of and an important fixings in the criminal administration during the ancient age. A study of the justice system prevalent then gives an insight into the notion of vigilance in vogue then and shows that preventive as well as penitentiary vigilance were in practic e then. The middle ages, however, marked a new phase in the evolution of state and state craft. The spirit of republicanism, the growth of democracy and the germination of the concept of rule of law was aborted by the concept of divine right of kingship. Theabsolute monarch claimed his ancestry to god and rule by the power of his sword as the regent of the god.The acts of omission and guidance of the king were given a religious colour. He was referred to as the march of god on earth. The religion of man was exploited to legitimize the rule of the monarchs of those days. The church and the kind reinforced each other in maintaining their several(prenominal) positions in the social scale. The long and short of it was that the boundary wall between the political and the religious domain was smudged/blurred. Consequently, enormous powers were concentrated in the kings, princes, priests and those in their close proximity. Such concentration of power bred corruption, injustice and oppre ssion of the downtrodden.Kings, princes and nobles governed as per their whims, facies and caprices by giving their acts a religious colour. The advent of renaissance and reformation in western Europe marks a watershed in mans search for shacking absolute power of monarchy. Reformation challenged the federal agency of Papal church and questioned its supremacy in the maters of faith. Corruption is worsened than prostitution. The latter might endanger the morality of an individual, the former invariably endangers the morals of the entire country. Karl Kraus (1874-1936) Austrian satirist.