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MY YEARS AS VIGILANCE COMMISSIONER OF ANDHRA PRADESH
1. A word about myself and the organization I am associated with, as Sri Vijaya Malya, announces about himself and his 'Kingfisher Airlines' on Board. After a considerable time on the chair, as Vigilance Commissioner of the Andhra Pradesh State Vigilance Commission, I am astonished to learn that most of our senior officials of AII–India Services are blissfully unaware of what Vigilance Commissioner and what is Andhra Pradesh Vigilance Commission, including the present Chief Secretary. Lesser mortals need not be aware of it, if big bosses are not aware of it. The painstakingly, compiled 4–volumes of Andhra Pradesh Vigilance Commission Manuals, by my distinguished predecessor, Sri C.R. Kamalanathan, is not heard of, leave alone scanned by those for whom it is meant to be perused.
2, Though Andhra Pradesh Vigilance Commission, came into existence, along with Central Vigilance Commission in 1964, based, on the recommendations of Sri Santhanam Committee on prevention of corruption, the present day civil servants have not even heard about it. The present crop of politicians, enjoying power were kids when the Vigilance Commission, was established in Andhra Pradesh, along with Central Vigilance Commission. It was abolished for a short period, during the days of eclipse of congress in power and rise of new Telugu Desam in 1983, to be replaced by an organization called 'Dharma Mahamatra'; again this organization was abolished and Vigilance Commission was re-established during the congress rule by the then Cabinet in 1993. No wonder, the present day politicians, in power, are, blissfully, unaware of the role of Vigilance Commissioner and of Andhra Pradesh Vigilance Commission. Their character, lack of understanding the rule of law, false notion that Executive is Supreme, in their desire to make quick buck, the habit of not achieving anything except their own objectives and agenda and accumulations make them unable to apply to issues like what is A.P. Vigilance Commission. They do not realise that they are riding a tiger in Sri Ram Chandra Samal, as Vigilance Commissioner, of which they cannot dismount nor they can control.
The Vigilance Commissioner is a great obstacle of their achievements. For them, there is clarity of their objectives and means are not important. It means Mahatma Gandhi,
2.may die of shame again and again, in his grave. Against this background, this self introduction is required.
3.Against this background, the state of affairs, now prevalent, in the country in general and in Andhra Pradesh in particular, I am of the opinion, that I will be failing in my duties, unless I introduce myself and the organization, I headed to the "Babus" and to the politicians in power who are busy in the LOOT and to the honest few in the civil services in the business of quality administration and to the general public of Andhra Pradesh who are sufferers at large, in the name of very big. "DEVELOPMENT ADMINISTRATION". The name of the game is 'Development' and 'Babus' administering it, in a massive scale, unprecedented hitherto. Wealth of the society, in the shape of land and what is called 'family silver', accumulated through centuries is vanishing very fast, in the name of Development Administration.
4. In a well written article, one of the IAS officers, who is an eminent civil servant, namely, Sri V.S.Pandey, in the Indian Express dated: 18.11.2004, headlined "BABUS ARE NOT BERTRAD RUSSELL" (a Nobel Laureate), had discussed activities of present day "Babus" with reference to the efforts being made now by Government of India to reform 'Indian Bureaucracy', to make it more result oriented, performance driven, honest and accountable has written as follows:
''The civil services attract the best talent. The fate of these talented young men and women is another story. A large number of officers still remain 'honest' (?), that is do not take bribes. But they lose the courage to call a spade a spade. There is an unknown fear that something terrible will happen to them, a fear which makes them apathetic towards real governance issues. Others are a bunch of thugs who thrive with the active support of corrupt politicians and their tribe, which is increasing by the day. Cowards are rewarded. It is they who climb to the top of the ladder and occupy top slots
everywhere. The question is, with the cowardly and the corrupt occupying centre stage, can the nation expect to bring about drastic changes in governance by effecting cosmetic changes in the system?"
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He further writes in next paragraphs” In the year 1931, Bertrad Russel wrote an essay titled The Advantages of Cowardice, encapsulating the crux of the problems, faced by society. Russell wrote 'During French revolution, 1789, when the Reign of Terror came to an end, it was found that no one was left alive among the politicians, except prudent cowards who had changed their opinions quickly enough to keep their heads on their shoulders. The result was twenty years of military glory, because there was no one left among politicians with sufficient courage to keep their generals in order. The French Revolution was an exceptional time, but wherever organization exists, cowardice will be found more advantageous than courage. Of the men at the head of business, schools, lunatic asylums, and the like, nine out of ten, will prefer the supple lickspittle to the outspoken man of independent judgment. In politics, it is necessary to profess the party programme and flatter the leaders. In the Navy, it is necessary, to profess antiquated views on naval strategy, in the army, it is necessary to maintain a medieval outlook on every thing; in journalism, wage slaves, have to use their brains to give expression to the opinion of millionaires; in education professors lose their jobs, if they do not respect the prejudices of the illiterate. This result of the state of affairs is that, in practically, every walk of life, the men who come to the top, have served a long apprenticeship in cowardice, while the honest and courageous, have to be sought for in workhouses and prisons. Is this regrettable?'
5. A familiar scenario. The art of succeeding has changed little since the time Russell wrote about. Unless the entire culture is changed, no systemic reform of any kind is likely to succeed. Instead, there is a need to bring about a profound change in the attitude of people occupying higher positions to stop rewarding cowards. It is the basic instinct of human nature, to follow the path of least resistance and achieve maximum comfort for itself. Going against this basic instinct, requires rigorous effort, and this is the effort that the system must support. The first and foremost requirement is to establish a society based, on rule of law and equity, to create spirited people who possess the spirit to act honestly.
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6. For those who only have their self-interest uppermost in their mind, and whose ambition is to die in the' odour of sanctity, respected by bank managers, admired by friends and neighbours, and universally regarded as models of what a citizen should be, Bertrant Russell writes 'don't express your own opinions but those of your boss; don't endeavour to realize ends which you yourself think good, but puruse rather those aimed at by some organizations supported by millionaires; in your private friendships select influential men if you can, or, failing that, men whom you judge likely to become influential. Do this, and you will win the good opinion of all the best elements in the community. This is sound advice, but, for my part, I would sooner die than follow it." How prophetic?
GANDHI'S TAUSMAN
"I will give you a talisman, whenever you are in doubt, or when the self becomes too much with you, apply the following test. Recall the face of the poorest and the weakest man (woman) whom you may have seen, and ask yourself, if the step you contemplate is going to be of any use to him (her). Will he (she) gain anything by it? Will it restore him (her) to a control over his (her) own life and destiny? In other words,
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will it lead to swaraj (freedom) for the hungry and spiritually starving millions? Then you will find your doubts and your self melt away."
One of the last notes left behind by Gandhi in 1948, expressing his deepest social though. (Source: Mahatma Gandhi (Last Phase, Vol.II (1958), P. 65)
7. Now about the Commission I had luck and fortune to head Vigilance Commission tenders advice in cases, which involve vigilance angle. "Vigilance" in general terms means watchfulness, caution, and circumspection and in its application to statecraft connotes maintenance of Purity and integrity in Public life. This definition figured at item 1. of Chapter-I of Vigilance Manual (Volume - 1). The term of "Vigilance Angle" has not been comprehensively defined in the Vigilance Manuals brought out by the Government so far. The Central Vigilance Commission has formulated revised definition of vigilance angle as under:
"Vigilance angle is obvious in the following acts: –
8. (i) Demanding and/or accepting gratification other than legal remuneration, in respect of an official act or for using his influence with any other official.
(ii) Obtaining valuable thing, without consideration or with inadequate consideration from a person with whom he has or likely to have official dealings or his subordinates have official dealings or where he can exert influence. (iii) Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant.
(iv) Possession of assets disproportionate to his known sources of income.
(v) Cases of misappropriation, forgery or cheating or other similar criminal offences.
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9. (a) There are, however, other irregularities where circumstances will have to be weighed carefully to take a view whether the officer's integrity, is in doubt. Gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time - these are some of the irregularities where the disciplinary authority with the help of the Vigilance Commissioner, should
carefully study the case and weigh the circumstances to come to a conclusion whether there is reasonable ground to doubt the integrity of the officer concerned.
(b) Any undue/un justified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion, as to the presence of vigilance angle in a case.
10. The purpose of vigilance activity is not to reduce but to enhance the level of managerial efficiency and effectiveness in the organisation. Commercial risk taking forms part of business. Therefore, every loss caused to the organisation, either in pecuniary or non-pecuniary terms, need not necessarily become the subject matter of a vigilance inquiry. Thus, whether a person of common prudence, working within the ambit of the prescribed rules, regulations and instructions, would have taken the decision in the prevailing circumstances in the commercial/operational interests of the organisation is one possible criterion for determining the bona fides of the case. A Positive response to this question, may indicate the existence of bona- fides. A negative reply, on the other hand, might indicate their absence.
11. Absence of vigilance angle in various acts of omission and commission, does not mean that the concerned official is not liable to face the consequences of his actions. All such lapses not attracting vigilance angle would, indeed, have to be dealt with appropriately as per the disciplinary procedure under the service rules. “
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12. The Andhra Pradesh Vigilance Commission is, the external Agency, which enforces Vigilance cases, keeping the above definition in view. It has been observed that in recent times, a feeling has developed among right thinking people, that many guilty big persons are going free, while many small employees are being harshly punished.
13. A Judge of the Supreme Court, recently, expressed his exasperation over the extent of corruption in this country when, in an obiter dicta, he said, that the corrupt should be hung from the lampposts. His observations, were, quickly, followed by apprehensions, albeit in a lighter vein, that there may not be enough / lampposts in this country to meet the needs. Thus, corruption is a reality in our life and has reached a stage where it is eating into the vitals of the nation. As is often said, today corruption is being perceived as a low risk and high profit activity. The internal check of conscience and moral values has almost become extinct with most, if not, with all, and the only course left is external control which Govt. has to exercise to make corruption a high risk activity. The credibility of the system can be restored only if the guilty are punished quickly and adequately.
14. When corruption is sought to be or at least controlled, there is a need to adopt all possible stringent measures, permitted by law. It is for this reason, that the Parliament has thought it appropriate to provide a minimum punishment of one year for the offences under the PC Act 1998, as was also the case in the earlier P.C.Act, 1947.
Such insistence reflects the Parliament's resolve, to meet the evil of corruption with a strong hand and send signals of deterrence. It is, therefore, the obligation of the disciplinary authority to impose a penalty consistent with the magnitude of misconduct imputed and the evidence in support thereof.
15. Also, quite often, even in a departmental inquiry, though charges relate to departmental misdemeanor and negligence in the discharge of duties, such negligence in the shape of failure to take some action or breach of departmental rules, attributable to