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This is an archive article published on January 5, 2003

The Transfer Raj

THE tensions had been building up for the showdown between the IAS officers and Chief Minister Mayawati for some time. But the meeting last ...

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THE tensions had been building up for the showdown between the IAS officers and Chief Minister Mayawati for some time. But the meeting last Thursday ended with Mayawati firmly showing the world who was the boss.

‘‘Henceforth, I will not transfer non-performing officers, but will take other, harsh actions,’’ she told the delegation of IAS officers, who were meeting her to protest against suspensions and ‘‘spot transfers’’ of their colleagues. The action may not have been entirely un-anticipated; at their general body meeting that preceded the confrontation, members had already decided to take up the transfers issue with their counterparts at the national level and also write to the personnel department at the Centre to highlight their predicament.

While the provocations for the UP IAS officers have been piling up (see graphic alongside), the most recent trigger were two law-and-order review meetings, during which Mayawati suspended a divisional commissioner, two range DIGs and two SPs and ordered adverse entries in the service books of nearly a dozen officers.

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While whimsical transfers are not unknown in UP, what has raised eyebrows during Mayawati’s current tenure is the government’s reluctance to give transfer details even to the media. ‘‘It’s a matter of policy that my department not provide these details,’’ says Rajendra Bhaunwal, secretary, appointments. ‘‘You should approach the Information department.’’ Only, this department directs inquiries right back to the secretary, appointments.

This, according to senior officers, is typical of the way the bureaucracy is treated in the state. ‘‘Merit and other considerations are not important. Transfer orders are issued without any respect for procedure — otherwise, why would more than a dozen officials be shifted three and four times within a week?’’ asks a senior officer on condition of anonymity.

Consider these facts:

• Of the 1,200 transfers ordered during Mayawati’s current tenure (since May 2002), 35 IAS officers have been moved about thrice.
• Some posts, like Labour Commissioner, saw five officers coming in and going out. There have been four agricultural production commissioners and 12 — no less — people taking charge as CEO, NOIDA and Greater NOIDA.
• District Magistrates have been changed in 64 of the 70 districts; in 27, DMs were moved twice over.
• H K Paliwal, former appointments secretary, has been successively placed as secretary, forest, and then with rural engineering services, and then sent back to the forest department.
• Harish Chandra, secretary, Panchayati Raj, was placed in four different departments, and then suspended, before being rehabilitated.

Interestingly, UP was the first state in the country to set up a Civil Services and Establishment Board (under the Rajnath Singh government) last year. But the Board has not been convened even once by Mayawati, not even to ratify transfers she ordered.

‘‘Most of the transfers were effected in blatant violation of the CSB guidelines and Supreme Court orders,’’ alleges a member of the UP IAS Association. ‘‘The CSB clearly states that officers should be given a clear reason for their transfer.’’

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Apart from filing an affidavit in the Supreme Court saying that its transfer orders did abide by the Board rules. Mayawati has gone on record to say in the state assembly, ‘‘Nobody raised any objection when the Congress CM of Punjab effected 800 transfers within a few months of coming to power. Why, then, the hue and cry over transfers in UP, which is almost five-six times the size of Punjab?’’

Ahmad Hasan, Samajwadi MLC and leader of the Opposition in the Legislative Council, believes he has the answer: ‘‘The manner in which the CM is shuffling officers smacks of dishonesty. The casteist angle and money changing hands cannot be ignored either.”

A cornered BJP, on the other hand, has taken the safe line: ‘‘Transfers are a prerogative of the CM. Maya-wati is not doing anything wrong because every CM wants trusted officers in major posts,’’ says Kalraj Mishra, in charge of BJP affairs in UP.

Senior politicians, however, point out that large-scale transfers have been the norm in the state since 1991, when Kalyan Singh literally churned the state bureaucracy. ‘‘On an average, no district in the state has had a DM for more than six months (since 1991) while transfers should be effected once in three years,’’ says Vaishali Saxena, who has conducted a study titled ‘The Effect of Transfer and Promotion on Employee Morale’. ‘‘If all the transfers since 1991 are clubbed together, the total will be more than 7,000. Each CM has had his share in the game.’’

ASSAM
Marking Change


GUWAHATI

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TWENTY months ago, when Tarun Gogoi took charge of Assam, one of his first public announcements promised there would be no ‘victimisation’ of officers perceived to be close to the outgoing AGP regime. Today, almost every senior officer in the Assam government is in an office different to the one he occupied before the Congress came to power.

‘‘It is a convention with every democratically elected government to reshuffle the bureaucracy extensively on coming to power,’’ justifies Ripun Bora, minister for rural development and official spokesperson of the Assam government. ‘‘It is done to give a new look to the administration. People look for change once a new government takes charge; this is one way of marking that change.’’

The rule, however, did not apply to all senior officers. For instance, Chief Secretary P K Bora, appointed by the Mahanta regime, was allowed to reach his normal superannuation and Assam Police chief H K Deka, also an AGP appointment, still continues in office. But scores of others — additional chief secretaries, additional DGPs, commissioners, secretaries, IGPs, DIGs — have changed offices in phases.

For all Bora’s valiant defence, government actions give credence to the fears of witch-hunting. For instance, in July, Agriculture Minister Ardhendu Kumar Dey called a press conference solely to accuse Additional Chief Secretary J P Rajkhowa, second in IAS seniority only to the chief secretary, of keeping him in the dark about a World Bank-sponsored shallow tubewell project.

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‘‘There are officers who refuse to accept whatever is dictated by ministers and politicians. One cannot flout rules simply because a minister wants something,’’ says a senior bureaucrat on condition of anonymity to explain why officers fall out with ministers, politicians, MLAs and even senior officers.

Ironically, even as the transfers drama played out in the state, the Committee on Fiscal Reforms constituted by Gogoi advised the Assam government against moving officers about too often. ‘‘Transfers have become so frequent and so disturbing that these matters are now often agitated in the media and public platforms… The present scandalous situation cannot be allowed to continue any further. It needs immediate corrective and remedial action,’’ says the COFR headed by former chief secretary H N Das.

According to the report, ‘‘irrational changes’’ (read transfers) affect work and adversely impact the mindset of officers. Is it possible to put a full stop to this? ‘‘If a chief minister wants to, he can do it. It all depends on individual judgment,’’ says Das.

Can Gogoi change the situation? Soon after the report was submitted, the Assam government said officers and staff-members would be considered for transfer only after three-year stints. A subsequent order made it mandatory for ministers to consult the CM for all transfers. The government has also designated December and January as ‘transfer season’.

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While a positive step, this is not the first such policy in Assam. The impact of a similar order, passed way back in 1992 under Hiteshwar Saikia’s Congress government, had minimal impact.

bihar

Whim and Vigour


PATNA

‘We are powerless’, admitted the Bihar police chief in court. ‘We are like the blind king Dhritarashtra at Draupadi’s vastraharan.’

THE dissatisfaction of Bihar’s IAS officers couldn’t have found better expression than during the creation of Jharkhand two years ago. Three hundred and fourteen of Bihar’s 393 officers sought a transfer to the new state, hoping it would allow them to escape the caste discrimination rampant in their home state. Jharkhand’s quota was 131.

‘‘Upper caste officers are humiliated in Bihar. Caste, not performance, is the basis for awarding plum posts in the state,’’ says a senior IAS officer.

Unlike other states, where largescale transfers are the norm with every new incumbent, the shuffles in Bihar — given the consecutive three-term rule by the Rashtriya Janata Dal — have been low-key, with two exceptions. When Nitish Kumar became the state’s seven-day CM in March 2000, he moved around the top layers of the police and bureaucracy. Soon after Rabri Devi took over, she ordered another round of large-scale transfers, similar to the round ordered during President’s Rule a year earlier. Since then, transfers have been piecemeal.

‘‘The common complaint here pertains to arbitrariness and, of course, castism,’’ says I C Kumar, retired IAS officer. ‘‘The three-year stint rule is rarely observed.’’

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General secretary of the IPS association Arvind Pandey, however, denies that transfers are arbitrary. ‘‘Caste does not decide transfers. There are so many upper caste officers who hold important positions,’’ he told The Sunday Express.

However, politics is known to play a major role in transfers and touches all levels, high and low. Two years ago, for instance, Sadhu Yadav, Laloo’s brother-in-law, had stormed into the office of Transport Commissioner N K Sinha and demanded at gunpoint that he stay the transfer of a mobile vehicle inspector. The inspector was later dismissed, but no charges were brought against Sadhu Yadav.

Corruption is another impossible-to-be-ignored factor. ‘‘There is no industry in the state, but transfers are like an industry,’’ says a senior IAS officer. ‘‘The mantra is — send a DM somewhere and make money.’’

As a consequence, there are any number of cases related to Bihar transfers and promotions in the courts. Then I-G of the Central Industrial Security Force Kishore Kunal, for instance, obtained a Supreme Court stay after he was transferred out of Patna in 1997 by then Minister of State for Home Md Taslimuddin (under pressure from Laloo) for directing his men to ensure free and fair polling during the 1995 assembly elections.

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Perhaps the strongest condemnation of political interference in the bureaucracy comes from DGP R R Prasad. In the High Court in connection with a case relating to the demolition of unauthorised constructions, he told the judge that officers were powerless, ‘‘(like) the blind Dhritarashtra (in Mahabharata), who cannot stop Draupadi’s vastraharan (disrobing).’’

The enormous strain governing the politician-bureaucrat relationship in Bihar are best highlighted by the dramatic cases of the two Biswases. While former CBI Joint Director U N Biswas sought army help to arrest RJD supremo Laloo Yadav in the fodder scam case, B B Biswas, a Scheduled Caste IAS officer, accused some RJD goons of raping his wife Champa Biswas.

GUJARAT
The Modi Effect


AHMEDABAD

In Gujarat, it is not unknown for ministers to keep officers in check by taking charge of their duties. Services morale has touched an all-time low

THE morale of the bureaucracy has touched ever lower in the last three years in Gujarat. Frequent transfers, ‘inconvenient’ officers being shunted out to less important posts and tiffs between ministers and IAS officers have given birth to an IAS machinery that is in complete disarray now. With Narendra Modi taking charge and getting set to assess performances, officers are already wary of another round of transfers.

In the last couple of years, political interference in the bureaucracy has become as unabashed as to see ministers taking charge of IAS posts. The most controversial instance relates to Avinash Kumar, MD of Sports Authority of Gujarat, Ministry of Youth Services and Cultural Activities, and a very upright officer by reputation. After he took action against an errant officer in March 2002, Minister of State for Youth Services and Cultural Activities Ishwarbhai Makwana revoked the suspension. An embarrassed Kumar went on leave but before he returned, the minister took away all his powers and kept the charge of MD with him. Kumar was subsequently transferred to Department of Persons with Disabilities Welfare.

Even former chief minister Keshubhai Patel, who was considered lenient towards the bureaucracy, has dumped officers who refused to toe his line. Rajiv Gupta, considered close to former Narmada Minister Jaynarayan Vyas — with whom Patel was at loggerheads — was dumped as Gazzette Editor.

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Although, transfers during Patel’s government were not very ‘punishing’, he transferred around 80 officers in two years. In Modi’s regime, four IAS officers have resigned after being shunted out to insignificant posts. Large-scale transfers — at least 90 officers were moved — and relegation to unimportant posts have left the IAS with a sagging morale.

PUNJAB
Corruption Index


CHANDIGARH

The Amarinder regime harmed itself the most when it transferred all the officers exposing the PPSC scandal

IF Mayawati took a potshot at Capt Amarinder Singh’s nine-month regime in Punjab, it wasn’t completely uncalled for. More than 1,000 police and civil administration functionaries have shifted offices or portfolios in that time, but the charges of vendetta and favouritism heated up around end-June, when the crack Intelligence Wing team that masterminded the arrest of PPSC chairman R P S Sidhu and the subsequent breakthroughs was shunted out en masse.

The transfer of then ADGP Intelligence A P Bhatnagar and IGP Intelligence Sumedh Singh Saini, widely perceived as upright officials, was immediately interpreted as punishment for stumbling upon corruption in high places and delivered a near-fatal blow to the Congress government’s campaign against corruption.

More recently, the unceremonious departure of Punjab State Electricity Board Chief Engineer (Systems) Padamjit Singh — on whom Capt Amarinder had bestowed a lifetime achievement award just a few months ago — following his termination of a highly-controversial deal with a private company in preference to an established public sector entity for the supply of power to the State from the Eastern grid, has besmirched the government’s image.

Then, of course, there are the officers transferred upto four times and more within a space of a few months.

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