The Bhutanese Leading the way.
The verdict of the Gyelpozhing land case has garnered mixed views from different sections of people across the country with many having mixed feelings on the sentencing of the committee members. These civil servants face a double jeopardy of, conviction of a year and termination without benefits.
Some people have also criticized the verdict as being very lenient on the speaker and the Home Minister. The Royal Civil Service Commission (RCSC),commissioner Bachu Phub Dorji said that if the committee members are convicted even in the higher courts and if the ultimate result is misdemeanor then section 85 of the Civil Service Act of Bhutan (2010) will be applicable to the convicts.
Section 85 of the act states that a civil servant shall be terminated from service if he or she is convicted by the court of law for a criminal offence of misdemeanor and above for offences related to discharge of official functions. It also means termination without any benefits.
If they do not appeal further, they will be booked under section 85 of the Civil Service Act of Bhutan (2010).
Had the committee members not committed the offence related to discharge of official functions for instance offences like battery, murder etc then they would be booked under section 86 of Civil Act of Bhutan, 2010.
The section 86 of the act states, a civil servant shall be compulsorily retired from service with post service benefit if he or she is convicted by the court of law for a criminal offence or misdemeanor and above for offences not related to discharge of official functions. But will be paid their benefits.
Some of the convicted are in a dilemma as to whether to appeal to the high court or to accept the verdict passed by the Mongar district court on March 8. However, most of them want to appeal.
The commissioner also said that the concerned agencies and authorities have the power to take administrative action against the convicts as per the delegation of authority under the Bhutan Civil Service Rules and Regulation (BCSR).
While the powers to impose both minor and major penalty on a secretary to the Government, other officers of secretary’s rank, and Head of the Autonomous Agency shall be exercised by the RCSC, reads section 19.2.6 of the BCSR, 2012.
While the power to impose a penalty on a civil servant shall be exercised by the respective authority as follows. For all categories of Civil Servants from Ex 1 to GSP minor penalties are handled by the agency. Even major penalty up to the P1 level is implemented by the Agency. However, major penalty from Ex1/Es1 to Ex3/Es3 is done by the RCSC.
A 34-year old civil servant said, had these committee members opposed their boss during those times then they would have lost their jobs as acceptance and silence was the only option for them those days. Sadly, for these actions they have to pay heavy penalty today.
“I feel sad for them, termination without benefits, what will they do and what about their families? Verdict should be revisited,” he said.
Another businessman said that the Speaker and the Home minster should be held responsible while the committee members should be freed with warnings so that they do not repeat again.
When the monk, Sonam Tshering was caught with about 420 packets of chewing tobacco, he was sentenced for three years straight.
When officials from agencies like BNB, BDBL had misused funds from the office, they were charged for fraud and received years of imprisonment.
The committee members who received imprisonment of a year each are
Name Organization
Tappo ( Dzongrab)
Tashi Norbu Sherpa (AE) MMC
Karchung (Assistant Dzongkhag Agricultural)
Namgangla (BCCI)
Khina Maya (District Health Officer)
Sangay Dorji (ADEO)
CL Das (DE)
Pelden Norgay (DE)
Rinchen Wangdi (DZFO)
Dorji Wangchuk (DLO)
Lok Nath Dahal (FO)
Kinley Dorji (LRO)
Tandin Dorji (DAO)
Dechen Singye (Secretary)
Chencho Dema / Thimphu
What action can be imposed on the speaker and the Home Minister. They are any way not a civil servant. Need to think of two categories here, a civil servant and a elected representative! more confusion???
That is an action RCSC must take. Civil servants as members in committees taking important decisions must be held accountable. Such action will in grain the sense of accountability in civil servants that is very in a democratic Bhutan where every five years we will having a new government.
However, in the MoH corruption case the chairman is free. The case must be looked into again.
I am afraid if any civil servant would now dare to be in any committee as member. Chairman of the committee may continue to get chair anywhere because of their designation, while members would remain like pumpkin. Whether knife falls on pumpkin or pumpkin on knife, it is the pumpkin who gets cut.
I think the new government in 2013 may have to create a Department of Committee under Anti Corruption Commission to attend to all matters requiring committee.
Think over, this may relieve present civil servants.
1. As someone has pointed out- Dechen Singye and Tshogpen’s case should be non-bailable or without an option for thrimthue. They have forged, cheated and tampered the documents thereby Dechen Singye able to get land in the name of his sister which he later sold and Tshogpen registering land in his maid’s name and sons’ names. This has been proven by the court and now they should be in the jail for violation of NA-1 of Thrimzhung Chemo as was applied to people from MOE, Gelephu court, Samtse mining case, AWP, Thimphu City Corporation.
2. There is no forgery and tampering of documents by Home Minister, we agree with the verdict of the court that his could be with an option for thrimthue. 3. We do not agree the penalty given to the innocent committee members. These people have not forged the documents, not benefitted personally like Dechen Singye. I think, at the most these people could be heavily warned only instead of penalising same as Dechen Singye. Dechen Singye as a member Secretary has messed up the project for his selfish motive which he achieved through forgery and tampering of documents as reflected in the court verdict.
the home minister and speaker were civil servants of similar ranks at the time they committed this thievery, so they should also be sentenced the same as the dzongrab and the secretary and the rest! DOWN WITH THESE FRAUDS!!
The two chairmen resigned from civil service in 2007-2008 and joined politics. As politicians they served the Nation with dedication and integrity.Another issue is had they not been selected as MPS in 2008, the Bhutanese would have never bothered to limelight Gyelposhing case because they did not belong to Ruling Govt. Party. The case would have been buried and rotten and ACC could have been relaxing. Just because of plitics the case was exposed and the media which is suppose to be apolitical has played a vital in this case. This is my opinion!
Is this the best RCSC can do?
RCSC needs to look at this case from a complete different perspective and maybe just reprimand the people that made up the committee, from the make up of the committee, it is clear to see that most of them were included just to make up the numbers and had absolutely no say in what went on. In hind sight, many would say that they should have not signed the documents etc, however, in those days, the ground realities were very different and any disagreement with the boss would have led to dire consequences for the official/s concerned.
The RCSC themselves have already set a precedent by not terminating a certain Dzongda for misusing his power and what the Gyelpozhing Committee members are accused of pales in comparison, while the former gained personally, the latter did not gain anything.
The least RCSC can do is approach His Majesty and request Kidu for these innocent officials. As for the incumbent Home Minister and the Speaker, maybe they deserved what they got.
Termination after 30 years of service is like castrating at 74. RCSC should look at alternative and softer punishment. GNH country should also have GNH people.
The Hon’ble Speaker Jigme Tshiltrum and the Minister for Home Lyonpo Minjur should accept the Mongar Court Judgement with humility instead of trying to defend themselves even after proving Guilty. Further, it should be their moral responsibility to free those innocent civil servants who were implicated in this illegal case. It is not fair on the part of the law also to penalize those who are innocent but those guilty should not escape. In my view, there is no question of softer punishment because if somebody or any of his/her family has gained personal benefit then they are guilty but if they have not benefited personally they should not be treated equally just for being the committee members. Anyone could be a victim that time with the old system of top down GONG MI KA JA !!!!!
Regarding gyelposhing land case, if the verdict of the court is true, then is it fair to leave OAG unquestioned since they have rejected the case put up to them by ACC stating that there is no legal basis to prosecute.