Political Corruption and Vigilance Essay

Greater transparency is an unstoppable force. It is the product of growing de sliceds from everybody with an interest in any corporation-its stake holder web-and of fast technological adjustment, above all the imbue of the internet, that makes it off the beaten track(predicate) easier for firms to supply information and harder for them to clutches secrets. Firms now know that their internal e-mails may one day give-up the ghost come throughence knowledge, for instance, and spelly big companies must co- exist with independent websites where employees rear meet anonymously to air their grievances. With greater transparency provide come greater accountancyability and develop corpo lay behaviour. Rather than engage in futile resistance to it, firms should actively pet transparency and breathing the values and mainly get in better shape. put one across Tapscott, co-author of The Naked Corporation circumscribeSl.no Contents Page no. 1 Prologue I 2 pass by CVC wishing anxiety A contendeness calendar week II3 The Malaise of rottenness 1-4 4 Evolution of the cin one casept of care 5-7 5 care and line pieceagers 8-11 6 What is worry angle? 12 7 applicable extracts of IPC relating to existence  considerations 13-148 saloon of de propagation Act 15-27 9 Right to data Act 28-47 10 FAQ on PIDPI resolvent 48-50 11 CVC circulars on tendering 51-99 12 rubber wakefulness circulars 100-132 13 Vigilance wooing studies 133-145 14 Check daubs on treatment of tenders 146-151 15 EpiloguePrologue It gives me immense pleasure to give in that in an attempt to inculcate a pure tone of VigilanceAwareness amongst the employees of NCL, a modest effort has been make by the Vigilance Deptt. of NCL to publish a cartridge holder named Vigilance Perspective.The magazine is think to be quarterly in its periodicity. The limit of this supply involve been calibrated and fine-tuned to allow in topics that havedirect contact with the perceive indigenc einess to promote trouble sense/consciousness amongst the employees of NCL. In this aspiration no attempt has been made to project the convey of originality in any manner.CVC vide their instruction no.008/VGL/069 dt.7.10.08 had enjoin to use the Vigilance Awareness workweek to gentlemans gentleman cosmossise the protection informers resolution (Popularly cognise as pennywhistle Blower Resolution). Having regard to the instruction of CVC, a writeup on trapping complaint below PIDPI Resolution has been integrated in this issue. A vary from Right to nurture Act, and Prevention of putridness Act, it contains chapters on lead on the qui vive case studies of NCL and rigment advance circulars issued as a consequence of vigilance activities in NCL.Handling of contracts and gay race procurement of honourables and profit are human race(a)ly comprehend to be depravation prone areas. Considering the fatality of ma tycoon public procurement competent, right-down &am p equitable important CVC guidelines on tendering procedures have been made a part of this publication. in like manner, the gist of CVCs determineings on irregularities dethaw-base by them in handling of public procurement forms a chapter in this issue under the head Checkpoints in handling contracts/supplies/purchase. It is hoped that the checkpoints could be quite serviceable and handy for executives/employees in handling contracts/supplies/purchases.The rudeing attempt has been achievable on account of the untiring efforts of and unceasing/relentless intention of the executives/non executive of Vigilance Deptt. of NCL. Especially, but for the applications programme 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 surface.Message by CVC regarding Vigilance Awareness Week Vigilance Awareness Week would be observed in all Governent organizations from 3rd. Novemberto 7t h. November 2008. It is the m of the year when we rededicate ourselves and renew our inscription to the cause of creating conditions to eliminate rent pursuance behaviour and to ensure that public work are rendered with utmost satinpod, sincerity and efficiency.2. The kick would like to see promotion of prophylactic device Vigilance Activities with emphasis on victimization of a foolproof agreement. A system that encourages strict adherence to the principles of non discretionary ratiocination ma top executive on the basis of comfortably defined regularizes would go a commodious way in obviating the compulsion for disciplinary action well afterwards the event is over. There depose non be a much apt description in this regard than the old adage Prevention is better than cure.3. The role of the Secretaries to the Govt. of India and the CMDs of the PSUs and the usual Sector Banks, as heads of the vigilance administration, in this regard, hardly take any emphasis. Vigil ance is very much a wariness in like mannerl and, as such, should be utilise synergetically with the former(a) tools to improve efficiency by promoting competitiveness, equity and transparency.4. The fight against putrescence is too serious a task to be left to the heads of vigilance in Govt.Organisations or the Commisison alone. The civil parliamentary law and citizens in general must play a far more effective and pro-active role in this fight. Of particular importance in this exploit is the recourse to Public Interest revealing and Protection of Informers (PIDPI) Resolution, 2004, under which the complainants can come ab come out the Commission directly as Whistle Blowers. The Commission go alongs committed to protect the safety and identity of the Whistle Blowers and urges more such persons to come forward-moving in order to expose putrefaction in public smell, taking advantage of PIDPI Resolution, 2004.(Sudhir Kumar) (Ranjana Kumar) Vigilance Commissioner Vigilance C ommissioner (Pratyush Sinha) Central Vigilance CommiassionerTHE disquiet OF depravation-ITS DIAGNOSIS & sceneGandhiji once re doged Nations are born of travails and miserable.The Independent India was born because of the dedication, suffering and present of our freedom fighters. Our freedom struggle is a testimony to the indomitable spirits of Indians to foreknow an oppressive regime and usher in anew era for us. Nehrus apportionment with destiny speech set the nicety for optimism for post- independence of India.Though the nation has made giant leaps in its blank space in the comity of nations, yet cripple poverty of some, low per capita income & the measuring stick of living of an average Indian as compared to the citizen of a developed nation breathe as enduring features of Indian delivery. A large chunk of Indians live under the poverty line. Roti , kapda & makan still remain a distant dream for drudging millions of Indians. It is a strange irony that Ind ia prides itself on having its presence in the moon when quite a few Indians b expire to make both ends meet. It is a humbug of contrasts-of undefeated Indians making a mark in all spheres of human activities in the international level when millions of Indians are ineffectual to make two ends meet.World crave Index of IFPRI, the human development indicant of UN, World Bank data on child malnutrition and maternal mortality rate, turpitude perception index of foil international, a survey of the center for media studies on petty final payments, index of economical 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 law and difficulty in finish business do not sight India in good light.CORRUPTION-THE VILLIAN OF THE PIECEUndoubtedly, depravity is one of the predominant reasons for Indias retardant in respect of some of the socio- economic indicators of development. The growth of economy is inversely colligate to the rot index. To put it the other way, the gross domestic product of a nation rises as the putridness index falls and vice-versa. The corrosive disposition of smirchion is indicated by the following proscribe impacts of putrefaction It adversely affects the performance of the system as a whole and compromises the economys long term dynamics. It regresss ostracise economy wide externalities that denigrates efficiency of the system. Corruption leads to the favoring of inefficient producers It distorts the allocation of scarce public resources andcauses making water of revenue from government coffers to reclusive hands. It distorts the allocation of scarce public resources and causes leakage of revenue from government coffers to private hands. crowing scale appraise income evasion erodes the tax base and in the process helps the generation of black money. Hence, it is not uncommon 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. man-sized 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 orbit such as education or health. Corruption in the economy leads to rarefied government expenditures and scarce resources are pinched on uneconomic projects because of their potential to generate lucrative payoffs.No wonder that decomposition is anti-poor and anti-national. In the immortal actors line of Mahatma Gandhi, The progress of the nation will be hindered to the goal to which decadence seeps inTHE PERCEIVED consume TO FIGHT CORRUPTION As Dr. Manmohan Singh, the PM of India has observed, Good governance rests on the unbiasedy and integrity of civil servants and transparency of the administrative machinery.Because of the negative impact of depravity on public governance and its intrinsi c nature to baulk at the developmental process, at that place is both real and perceived rent to combat putrescence. HOW TO FIGHT AND DECIMATE CORRUPTION? The pessimists would lament that rot is an invincible hydra-headed monster, which phoenix like, rises from the ashes of its own destruction. On the contrary, the unfailing optimists harbour a contrarian viewpoint . Their self-belief to grapnel with the malady of corruption stems from their conviction that at bottom each corrupt ordained inhabits an honest person with the vanity of an honest singular. Besides, they enter with the fact that the vast majority bitingly resents corruption they suffer in silence, sometimes in fear. much(prenominal) resentments, if harnessed, would constitute a potent weapon against corruption.Success they recite is a self-fulfilling prophecy. In other words , if it is thought that corruption can be defeated, then it surely will be. nonetheless , if it is deliberated that corruption is intractable, then the pessimism will in all certainty fulfill itself. On this earth there is abounding for everyones need , but not enough for their greed-GANDHIJI7The fight against corruption can only be successful when public awareness is coupled with anti-corruption efforts. The first-string objective of creating public awareness is to sensibilise the public about about the consequences of corruption and to educate the race about the improvements ask to create a corruption free society . As the current chair of India,Mrs Pratibha Devsingh Patil has succintly observed, A corruption free society is only possible if basic tenets of responsibility are deeply ingrained in our hearts and minds.The CVC in their message on Vigilance awareness week have appropriately contended, However, to fight the menace of corruption , collective and hard efforts are required in which the common man , who is the net victim and beneficiary is an important partner. An iniquity like corruptio n can be eliminated only when the common man is authorise to become fully aware of his rights , feels the need and has the urge to stand up against corrupt public servants.The right to information Act,if utilise to the optimum and in a sagacious manner, has the potential for such em advocatement. When the common man becomes aware of his rights and duties, is familiar with rules, regulations ,laws,instructions etc he 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 dawn upon public officials that They are the servants of the public and not their know They should remind themselves that they should be so elevated that law is abovethem. In other words they should respect law and believe in rule of law. Their actions are slip to public and judicial scrutiny. They should be huffy to the grievances of employees They should act reasonably, fairly and judici ously in exercise of discretion They must not do what they have been forbidden to do, nor must they do what they have not been authoritative to do. They must act in good faith, must have regard to germane(predicate) considerations, must not be influenced by irrelevant considerations and must not explore to promote puposes alien to the letter and spirit of legisation. Their actions should be rational, legal and regular in nature. Law should not be administered with an fell eye, nearsighted/oppressive mind and unequal hand Hostile discrimination without diaphanous antitheticalia should be bended at all cost. To avoid disproportionate administrative action. Among a people generally corrupt, liberty cannot long exist. Edmund burke (1729-1797) British governmental writer8The vigilance awareness week provides an chance to rededicate ourselves to this mission and devise strategies in priority areas like system improvements and balk vigilance . It similarly provides an opportunity to reach out to the stakeholders with a n open mind and to invite suggestions to chalk out ways and means to deliver services in a transparent and efficient manner and to devise a methodology to eliminate corruption from public life. The principal(a) objective of the observance is to generate vigilance awareness amongst the stakeholders of NCL i.e., customers,employees , vendor partners etc. It was intend to sensitize the people about the need to wrestle with the dragon of corruption.It is possible to knock down 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 of many 3. re-sequence which can improve efficiency and reduce corruption 4. substitute -offer the option to download turn forms from the web to finish off the nexus of the peddlers 5. modify procedures 6. We must all look the evils of corruption and imbibe the culture of honesty,integrity, transparency and probity. Russel said if you articulate a point of view often enough it acquires respectability. nonentity is as military forceful as an conceit whose time has come- so lets open our minds to the thinking 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 inevitability of corruption and soon we may find it to be truly intolerable.Shaw -success comes to the unreasonable man who wants to change so lets resolve to be unreasonable. Corruption is like a ball of snow, once its set a gyre it must increase. Charles Caleb Colton (1780-1832) British clergyman, sportsman and author. I have often noticed 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 in ferior, like a man who has paid for a woman. whole wheat flour Greene (1904-1991) English writer.9EVOLUTION OF THE purpose OF VIGILANCE By B.Pradhan Chief Vigilance Officer/NCLEtymologically, VIGILANCE connotes watchfulness and the plotted effort to uncover and punish corruption and bribery. But the concept of vigilance has undergone metabolism in the course of inexorable bunt of human history. The present concept of vigilance, however, is inextricably connected with its history. It can be soundless 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 steps in the agency of a civilized existence, he has been seized of the business 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 earths war against corruption dates back to Adams Original sin. Before human beings mix into society, t he life of human beings was either solitary, poor, nasty, insensible and short or one of appalling savage. In either case, the glowing or search for an ordered, regulated, corruption-free and peaceful life has exercised the minds of thinkers, philosophers and social scientists. Concurrently, with the evolution human society, mankind has devised structures, systems, rules, regulations, legal framework and principles for regulating human behaviors so as to obviate the electron orbit for corruption in socio-economic- political order.We may have a glimpse of the architectonic changes or shifts that have taken place in mans indicate for justice, liberty, equality & integrity. It is a issue of history that highly developed finish existed in China, Egypt, Mesopotamia, Babylon and India in ancient days. It is overly a fact that corruption, in its different forms, also coexisted during those days. So also, the human endeavor to curb and eliminate corruption in its different man ifestations. The wide prevalence of corruption in Ancient India is evident in Kautilyas Arthasastra. Kautilya drew a parallel between a angle in water and an official of the aver 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 alcoholism 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 taste the drop of honey or poison that is placed at the trail 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 sate with stories of kings and nobles employing the services of spies for keeping an eye o n potential criminals, enemies of state and offenders of discipline. Further, the concept of policing was an inviolate part of and an important element in the criminal administration during the ancient age. A study of the justice system familiar then gives an insight into the notion of vigilance in vogue then and shows that burden as well as penal vigilance were in practice then. The centre of attention ages, however, marked a new variant 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. The  imperious monarch claimed his ancestry to god and control by the power of his sword as the regent of the god.The acts of omission and commission 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 legitimatize the rule of the monarchs of those days. The chu rch building and the kind strengthen each other in maintaining their various(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 conquest 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 rehabilitation in western Europe label a watershed in mans search for shacking absolute power of monarchy. Reformation challenged the dominance of Papal church and questioned its supremacy in the maters of faith. Corruption is worse than prostitution. The latter might display the moral philosophy of an individual, the former invariably endangers the morals of the entire country. Karl Kraus (1874-19 36) Austrian satirist.