The State versus the System
TR Raghunandan, ex-bureaucrat and ipaidabribe spokesperson tells us the strange story of a policeman fighting a lone battle against corruption, while the state violates the system.
Every now and then, when answering an `Ask Raghu’ question on ipaidabribe.com, we receive some responses that border on the unusual. What could be better than one that renews your faith in the essential goodness of people? The post we got from Harish Baijal, was one such request.
I am Superintendent of Police, Anti-Corruption Bureau, Nasik Maharashtra. I just want to make a sincere appeal to all the citizens residing in the districts of my jurisdiction: Ahmednagar, Dhule, Jalgaon, Nandurbar and Nasik-If any Govt servant demands a bribe in my area, please contact me so I can lay a trap for the corrupt govt Servant. Raghu may lose some stories but the nation will be free permanently from some corrupt govt servants as they will cool their heels in the jail. I feel that enforcement should work along with education and awareness. After the summer vacations, I am going to involve schoolchildren in one campaign to educate the citizens against corruption. |
We had launched ipaidabribe.com with the hope that good officers in the government, who work silently without being appreciated would see the value of peoples’ reports on our site, and use them to initiate anti-corruption process reforms. Harish’s post was the first clear request from a government official for corruption related information on the site. I was elated and intrigued. What motivates an officer to make a request like he had, on a public forum? Leaving behind his office phone number was also unusual – government officers are usually wary about disclosing contact details. I wrote back to Harish.
…we in ipaidabribe.com have always maintained that the government has a large number of honest officials who work silently behind the scenes and are hardly recognised for their efforts. There is a tendency in some quarters to criticise government all the time; ipaidabribe.com has always stayed away from this as we believe that working with the government brings rich dividends. We will not lose stories if you trap corrupt officials... you can report these success stories in our 'I didn't pay a bribe' section, where they can inspire people not to pay bribes. We wish you all success in your efforts and if there is anything that we can do to help you in your awareness campaign or other initiatives, please let us know and we will not fail you. |
When I called up Harish a polite official readily gave me his number – he was out of office. We spoke. I took an immediate liking to the man – a sober, but firm officer. We decided to profile him for a new section on the site that would laud honest, sincere government officials who often battle corruption against severe odds.
Further searches revealed more. In his previous avatar as DCP in Mumbai, Harish was responsible for an effective campaign against drunken driving and excessive honking. As DCP of the ACB in Nashik, he had struck terror into the hearts of the corrupt, with a series of raids and investigations against them. We were more than convinced that we must work with and support such remarkable people.
It was a shock then, to receive news of the drama that had unfolded, revolving around Harish’s transfer.
Now what is unusual about a government officer’s transfer, one might ask. Therein lies a tale - in Maharashtra, premature transfers are limited by law. We have Anna Hazare to thank for this. Due to his sustained campaign, the Government of Maharashtra enacted the Prevention of Delay in Discharge of Official Duties Act 2006, under which, not only were officers to clear files within specified time limits, but they were to also not be transferred within three years of being posted except in unusual circumstances, explicitly stated.
While Maharashtra is the first state in the country to have introduced such a law, it did drag its feet in notifying its provisions. However, the act is now applicable across the State.
Yet on 25th May 2011, with more than a year left for his three year term to be completed, Mr. Baijal received an order from the Maharashtra Government, transferring him to Thane for ‘Administrative’ reasons!
Aggrieved by the order, Harish petitioned the Maharashtra Administrative Tribunal in an appeal against his transfer. The Tribunal remarked that the reason provided was not sufficient justification. In fact, the Tribunal remarked caustically, every officer is transferred for one or the other administrative reason and not for a picnic. Finding no response from the government, the Tribunal stayed the transfer order.
A senior police officer, Julio Ribeiro, the former commissioner of police, Mumbai, and a former DGP, Punjab had this to say about Harish’s transfer, in a newspaper column:
Another disturbing decision of the government, which needs to be challenged by the public, is the transfer of Harish Baijal, the officer in charge of the Anti-Corruption Bureau in Nasik and adjoining districts. He had not completed his tenure of three years but was producing excellent results. He had caught more Class I officers red-handed accepting bribes in his two years at Nasik, than any other incumbent had achieved in five years. … Considering the paramount need of curbing corruption, Baijal’s work should have been commended and highlighted in the media. But the government lacks the political will to fight corruption because of what it considers political compulsions. Baijal was called and told that his work was really good but that the pressure to shift him was so strong that the home department had no alternative but to do so! |
The Government of Maharashtra pushed back. On 27 June, after four adjournments, it issued a back dated transfer order dated 24 Jun'11 cancelling the previous transfer order. It then issued a fresh order transferring Mr.Harish Baijal to Thane with allegations of complaints being issued against him and questionable conduct.
On 29 June 2011, Harish appealed against the second transfer order before the MAT. On 22 July, the MAT struck down this transfer order too. Ipaidabribe.com rejoiced along with Harish, in his fight against corruption.
Yet, disturbing questions remain. Are we, the general public going to stay indifferent when an outstanding officer like Harish, fights the system alone ? It just by chance that we connected with him via ipaidabribe.com and took an interest in his story where a State has a law that mandates a policy of transfers, yet violates it with impunity, possibly at the behest of powerful interests. It has been reliably yet sadly learnt that a powerful politician, who treats that area of the State as his private fiefdom pressurized the State for his transfer.
Should not punishments be meted out to State government officials, or politicians, who violate the law ? If politicians claim that they have the power to recommend such transfers in the public interest, then the government should come clean, take a stand and publish the public interest reason openly. Or is the `public interest’ so sensitive that it should remain hidden ?
Unless people outside the government begin to ask such questions, officers such as Harish will have to fight a lonely battle.
-TR Raghunandan