Conundrum of corruption in J&K

Dr D R Kapoor
Tentacles of corruption give ways to circumvent laws, rules and regulations. It is further ignited by the cult of ‘keep up with Johns’. Men at the bottom of pyramid are the victims. Rules are framed to transfer the government lands to the politicians, the criminals, bureaucrats, and police officers. Ration meant for the poor is sold in the open market. You may find rice and grams meant for mid meal in the houses of teachers. There are set rules and the mechanism for the transfer of booty among different wings of PHE, PWD, and rural development departments. Gratification is a bond between buyers and sellers for the procurement of inferior grains for Anganwari Centres. Most recently so called ‘Transfer industry’ has flourished. Huge money is being transferred.  There is open bidding for lucrative place of posting. Despite Sanctioned prosecution against the officers, they are promoted and conferred IAS and given good posting. Anti-corruption is no exception. Back door appointments by politicians and bureaucrats could not stand in the honourable courts on account of indifferent attitude of anti-corruption department. Master plan has taken the shape of monster plan. Pay the money-cover the lane and drain. Rules of gratification provide guidelines for the conversion of residential buildings into commercial. The honourable courts orders are by-passed by the implementing agency. Spurious medicines are procured by State Purchase Committee.. In connivance with criminals so called Competent Authority resorts to open sale of question papers. Prime state land has been put to sale by reflecting it as private land in the revenue papers. Scam in food and supply department are being reported in the daily news papers. Non-seriousness of investing agency in multi-crore JK Cricket Association has been observed by the honourable High Court.    It does not imply that everyone is corrupt but it is admitted that State Government is non-serious and in most of cases support the corrupt officers. Evidences provide ample proof that some of the corrupt bureaucrats are the office bearers of the political parties. The legislature, the executive and the judiciary are not in tandem to fight corruption in the state of Jammu and Kashmir. When we look at the big words- justice, equality, freedom, rights- we see only bids for power, or clashes of power, or we see only hypocrisy, or we see only our own opinions, unworthy to be foisted onto others. Cynicism and self-consciousness paralyse us (Simon,2003).
Set Drives are- how to amass black-money to be used in election? How to get underhand money to be used in the purchase properties in metro cities? How to transfer ill-got money on others names? How to invest in shares and company owned and operated by their kith and kins? How to grab and get government land? How do they manoeuvre to circumvent laws, procedures, rules and regulations? It is well said that higher the risk, higher the price, in other words, more illegal work done, more money is fetched.
Modus Operndi- Pliable officers but daring officers are identified and are auctioned for prize posts. They are fully supported by the ministers or politicians. They are transferred from one prize post to another. Thus, they become a significant part of the vicious circle of corruption. Business tycoons are already in search of an officer who can act as  a liaison, thus, they are also netted in  vicious web. Once they become partners, unsigned MOU becomes operational, new laws, new rules, gratification charges which have no constitutional support come into operation.  Forces of give and take are given free hand. Cartel, consortium, association, federation are constituted verbally to set the system of corruption to operate in an effective ways.
We talk the talk on corruption but never walk the talk on corruption. It has become an academic exercise. Bribe taker is happy that it is over and above his or her earning.  Bribe giver is satisfied that his or her job is done. Corruption has become part of our DNA. It has engulfed almost very section of the society. Gresham’s Law is very much applicable in the field of corruption. Honest persons like gold coins are found missing or isolated. Specific to the State of Jammu and Kashmir, it is a sorry state of affairs. The State of Jammu & Kashmir has figured 2nd in case of corruption among the states of India. There are numerous scandals namely sex scandal, B.Ed colleges scandal, vote for money scandal, Roshni Scam, CA&PD scam, rural development scams and backdoor recruitments   scam etc. Every institution or individual involved is being supported and protected by the politicians.
Various cases of scams were highlighted by the civil society and media from time to time. Roshni Scheme was handiwork of Ex-Chief Minister. State land regularised in favour of politicians, bureaucrats, and members of land mafia at throw away rates.. There is no single case where land is allotted to the landless.  It is alleged that an amount of Rs 30,000 crores is involved. The Hon’ble High Court has taken serious cognizance of the scam. More than five years has passed, the Government could not produce the records.
Recruitment has become the lucrative activity of the ministers. We have well established recruitment institutions- JK Public Service Commission, and J&K SSB. Then question arises why do ministers resort to back door recruitments? Recruitment made by Ex-ministers were discussed in the Legislative House. They got scot free. More recently, it was reported that  rates are fixed for transfer in education department.
137 officers had been registered by the Vigilance Orgnisation. Government approach seams to be lackadiaisical as  the directions of the Hon’ble High Court are not taken seriously. Even IAS officers  against whom prosecution have been issued  are given good posting.  Question arises why?  Rs.300 crore embezzelment in JAKFED was identified by an IAS offier. A politician was involved.  There were hot discussions in the Legislative Assembly. Nothing had happened. The most corrupt officers involved in the scam were rewarded by the Minister (Chairman, JAKFED). Even non-cadre official (a son top bureaucrat) involved in scandal was inducted in KAS. Two most corrupt officers were identified by the vigilance commission.
The Srinagar Municipal Corporation and Jammu Municipal Corporation had become the den of corruption. Residential areas were converted into commercial. The directions given by the Hon’ble High Court were overlooked. Most of these illegal constructions belonged to ministers or their kins and businessmen. It is alleged that heavy amount is exchanged for a single construction. Even roads, paths and beds of the rivers are encroached.
There is another way of corruption that had not been explored so far. Some officers or employees had been in their private business. They got ‘No Work Post’.  They kept their boss in good humour through ‘price gifts’. An employee, who had not visited his place of posting for two years, got all his dues released by the officer. Another employee who had been found absent for more than seven years. He worked in a private firm. Got him reinstated and all dues were defrayed. In this case, the employee was not served with any notice. Some of the professionals (teachers/ professors/ doctors) in urban areas had been found working in private institutions / clinics.
What is needed? * a) make administration accountable and citizen friendly i.e., simple, moral, accountable, responsive and transparent (SMART) b) ensure right to information, c) ensure regular monitoring and time bound action.
* There should be moral code of conduct for ministers, officers, and officials with legal sanction. Confidential interface of vigilance organisation with members of civil society and public regarding the conduct of minister, officer, official and middlemen should be evolved.
* Transfer and suspension of officers/officials is eyewash and should not be considered punishment.  Regular offenders should be shown the exit door. Posting of officers should be based upon ‘Integrated Integrity Index’.  The morale and cohesiveness of the services should not be systematically broken down by introducing caste, communal, regional and other factors in postings and transfers by the ministers/politicians.
* Departmental vigilance officers have proved failure, as they work under the influence of their superiors, where possibility of identifying the corrupt is very remote, have to be done away.
* Appointment of Chairpersons, members of SPSC, SSB and other Agencies should not be based on political affiliation. Chairpersons of Apex institutions for recruitment, admission (professional) should be from outside the State. Percent of marks for interview should not exceed 10%.  Variation of marks between written and interview should not    more than 20%.
* In any case, it will be bizarre, if a charged person is allowed to hold office for years on end while facing corruption charge; when at the end of  it all if he is convicted we have allowed a tainted person to influence society from a commanding height.  These are important reasons why there is a need for a fast- track consideration of cases against politicians, ministers and bureaucrats.
* Role of media is significant in the eradication of corruption. Media persons should prepare casewise list of ministers/legislators/ politicians/ bureaucrats/officals along with details of charges and display on public domain along with their photograph. Public should make use of Social media in exposing them.
* New coalition government  should  strengthen the various institutions and organisations to fight whole heartily against the monster of corruption.
(The author is former KAS Officer)