Cooling off period for retired bureaucrats

The speculation over recently retired Chief Secretary, Alemtemshi Jamir contesting the Lok Sabha polls comes at a time when the Election Commission (EC) has taken a confrontational stance with the Government of India on its proposal to set “cooling off period” to bar top bureaucrats from joining politics or contesting polls immediately on exit from service. This proposal of the EC has, however, been rejected by the Government saying that it would “not be in harmony” with the constitutional provisions. The EC had wanted this suggestion to be effective before the general elections this year and had for the third time, in November last year, written to the Government. In its November letter, the EC had clarified that it proposed for a ban on bureaucrats joining political party immediately after leaving service and not on their contesting election. It has been almost two years now since the EC, in early part of 2012, first wrote to the Department of Personnel and Training (DoPT) and Law Ministry expressing concern over a number of senior civil servants joining political parties to contest elections. It suggested amending the service rules of IAS, IPS and other class ‘A’ services officials to give effect to ban on entering politics immediately on retirement. At present there are rules that debar retired or resigned civil servants from accepting private employment for one year after leaving the government job. The government had justified cooling off period for such cases as the government servant might have dealt with matters relating to commercial establishments prior to retirement. If the government feels this way, it is also possible that bureaucrats who are in a powerful position might as well have worked to please the political party in power to gain political chances later on after retirement. Alemtemshi had said during his farewell programme that bureaucracy holds the actual realms of power though many people think that politicians have taken over. Anyone, be it government servant or private employee, can have interests outside the job. Bureaucrats being in power to influence policy making, it is possible that they use their influence in decision making in a concealed manner to serve their interests outside their jobs. However, it is made clear that this does not mean the recently retired Chief Secretary has done something similar. On the other hand, there could be opinions that retired bureaucrats with their vast administrative and analytical skills and experience could be in a better position than common politicians to run the affairs of the state. People who hold such opinions would therefore say that cooling off period is not necessary. But bureaucrats being the instruments through which state policies are implemented, chances lay open for inappropriate influence on them by the policy makers thereby furthering politician-bureaucrat relationship. The EC stated, "Reports are received that some government servants act for the furtherance of prospects or interests of a political party while in government service and just before or after the election, join the party on retirement or leaving the service.” Alemtemshi had earlier clarified that he was contemplating premature retirement so that other Naga officers could also occupy the same chair. He had said that he remained a government servant until he submitted retirement papers. Since then, he has not publicly said anything on the matter despite rising mass speculation over his joining the electoral fray. By prematurely resigning, he has fulfilled one of his expressed thoughts of paving way for other Naga officers. Now that he has resigned, it remains to be seen whether new thoughts such as joining politics have crept into his mind. Even as people continue to heavily speculate on his political entry, the retired Chief Secretary is yet to either prove them right or wrong. With Chief Minister, Neiphiu Rio keen on joining national politics, it is also possible that the retired Chief Secretary await next opportunity. Another recent issue that has concerned all alike as it directly or indirectly affected all is the NSCN (IM)’s topsy turvy time. From ACAUT, Mukalimi episode, Senapati and till recently to DDCCI and East Dimapur Business Association on sale of calendar and CCCTA on yearly tax etc, the NSCN (IM) seems to be hitting its lowest ebb. Perhaps, with its claimed mandate of the people, if the Naga political group has ever tried to win the hearts of the people then the present situation calls for stooping itself more than ever and reclaim people’s trust.
 
This column will appear on the 2nd Tuesday of every month.  
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