The Congress has raised hue and cry when Uttar Pradesh government suspended IAS officer Durga Shakti Nagpal. But the irony is that the same party’s government in Karnataka had recently transferred IAS officer Tulasi Maddineni for passing an order against Minister Shivaraj Thangadagi’s brother in a land encroachment case. The State government also ensured amendment to Karnataka Police Act to have more say in police transfers by changing the very composition of Police Establishment Board (PEB).
In Tulasi’s case, In-charge Minister Thangadagi and the government justified the transfer stating that the officer had completed her ‘term’. But the allegations made by a complainant and records he provided to authorities point at minister’s involvement in the transfer of the officer who had acted to protect the law.
Phone call made by the minister to the complainant suggests his involvement in the issue that resulted in the transfer of Maddineni as Deputy Commissioner of Koppal.
Former Supreme Court judge and Lokayukta Justice N Santosh Hegde said legislators taking the decision on the transfer of executives, is the root cause of the problem. “If we believe that Legislature, Executive and Judiciary are the pillars of a democracy, then why should politicians take the call as to which officer heads which department. Unless and until politicians are kept out of this so called transfer business, administration reform is impossible,” he said.
As the state Lokayukta, Justice Hegde had written a detailed letter to the second Administrative Reforms Commission headed by Veerappa Moily, now a union minister. “In my experience, as a lawyer, judge and Lokayukta over the years, government policy with regard to transfer of its officers requires serious re-consideration. I have come across several instances wherein public representatives, especially ministers, lobby and clinch officers of their choice,” he said.
Justice Hegde said, “I met various officers, from both state and central services and found that there was lot of discontentment among them in regard to transfer policy. I suggested to leave the transfer to bureaucracy itself without there being any interference whatsoever. In the State, a committee should be formed consisting of the Chief Secretary, next senior most secretary and he secretary of the department in which transfer is sought to be effected,” The commission did take extract of Justice Hegde’s letter in the fourth report, titled ‘Ethics in Governance’, but never made any recommendation to change the transfer policy.
Politicians have their way
The Police Establishment Board (PEB) was set up in 2009 to reduce political interference. Earlier, three senior-most officers had to be appointed as the members. With the Amendment, the ‘senior-most’ tag has been removed, giving a free hand to the government to nominate any officer, not below the rank of ADGP, as a member. The second amendment introduced was with respect to minimum tenure of officers, including those in-charge of police stations, circles and sub-divisions. It states that these officers, in operational duties, will have a tenure of one year.
Influence and transfer
In Tulasi Maddineni case, the minister had called the complainant in a civil dispute on his mobile telling him that approaching the Deputy Commissioner was not a good idea. “Why did you go to the DC? You should have come to me. What will happen by approaching Lokayukta or going to CBI. Nothing will happen,” complainant Ramamohan quoted the minister as saying. “Telephone recording proves it,” he told Express. Then DC of Koppal Maddineni in his order stated that minister’s brother had allegedly encroached upon the land belonging to Ramamohan, a part of government land to build a house. She also made a note stating that Nagaraj was influencing her through his minister brother. The next day she was transferred.