An Ode to the RCSC

RCSC Commissioners

We are a powerful tribe called the commissioners
Born from the virgin thighs of the Constitution
We carry high status and great powers
Heretofore unseen in before the transition

Pirthiman, Bachu, Sangay and Kinley
Best of the best we were they say
To lead this elite warrior squad
Was chosen a Napoleon short and squat

5 years we never had a battle we have not won
(Yet truth be told) there really were none
Aimlessly looking right, left, down and at the sky
We’ve purposely let the years pass us by

Bye Bye RCSC, bye civil service
Our titles and perks we shall miss
But for the inaction and disservice we have no regret
Since service to the DPT means our futures are set

Cacofonix
This story from Cacofonix

Cacofonix is our contributing bard. During the day, he is a respectable civil servant, pretending to love the ruling regime.

Comments

  1. bulletproof monk says:

    Bunch of paper tigers. That’s what the rcsc is.

  2. BCSR is crazy and filthy. Civil service will never nurture under such people.

  3. But things were made like that so filth in the civil service could spread at most faster pace.

  4. Quote: “We are a powerful tribe called the commissioners
    Born from the virgin thighs of the Constitution
    We carry high status and great powers
    To lead this elite warrior squad
    Was chosen a Napoleon short and squat
    Bye Bye RCSC, bye civil service
    Our titles and perks we shall miss
    But for the inaction and disservice we have no regret”

    My take on this: A good piece of a well researched work! Indeed a Napolean at work – no denying on this. I won’t be surprised if the Nazi’s dictatorial mindsets get onto the better parts of the Bhutanese civil service system in the process.

  5. sorry,please read as Napoleanic instead of Nazi.

  6. THE TOP BRASS THUGS FROM CIVIL SERVICE FINALLY CAUGHT!

    From KOL:

    Administrative action against committee

    SC went with ACC’s investigation report and recommendations

    Supreme Court Construction: The Supreme Court yesterday directed the High Court for works and human settlement ministry to take administrative actions against tender committee members in the award of the Supreme Court construction.
    It was found the committee members had attempted to favour Nima Construction in awarding the work through manipulation and tampering with tender documents.
    In the past, administrative actions the ministry implemented basically meant a mere reprimand.
    Going by the Bhutan Civil Service Rules, administrative actions usually include reprimands, which normally falls under minor penalties, especially for a civil servant’s carelessness or negligence of duties and non-compliance or failure to implement provisions of the civil service Act and other laws and rules.
    Minor penalties also include a fine of equivalent to a month’s salary, withholding of short-term trainings or an annual increment or two.
    Major penalties comprise withholding of annual increment for three-five years, reduction of salary, withholding of promotion, long-term training, demotion, compulsory retirement with benefits and termination without benefits.
    The ministry has three months to take whatever administrative actions against the tender committee members.
    The minutes of the Inter-Ministerial Tender Committee meeting signed by the members on October 16, 2007 showed 11 members on the committee.
    The members comprised former works and human settlement minister Kunzang Dorji, who was the chairman then, Supreme Court Construction project director and former High Court judge Jigme Zangpo, urban development and engineering services director Rinchen Dorji, its chief engineer Ugyen Tshewang, project director Phuntsho Gyeltshen, quality and control director Rinzin Namgay, construction development board executive director Wangdi Gyeltshen and ministry’s Deki Chhoden.
    Two other representatives, finance secretary Lam Dorji and the then chief administrative officer from agriculture ministry Sonam Wangdi were also participants of the meeting.
    After three months, works and human settlement ministry has to report to the Supreme Court and Anti Corruption Commission of the administrative actions taken against the members of the committee.
    “Should the ministry fail to take any actions, the court will issue a contempt of court order to the ministry” Supreme Court justices said.
    Contempt of court is a petty misdemeanor, that spells between less than a year to a month’s prison term.
    The Supreme Court had affirmed ACC’s investigation report and recommendation for administrative action against the officials involved.
    The court had, in November 2011 issued a letter to the commission to investigate the case because the litigation involved forgery and corruption and that it was a process before the case was submitted to the court.
    ACC had basically re-examined the two investigations – one that it conducted and other by Yarkay Group – and enriched the findings by gathering additional information, documents and evidences.
    The commission had, much before the case went to Supreme Court, forwarded their recommendations along with the investigation to the ministry for administrative actions against officials involved in the tender process.
    However, the ministry did not heed to the recommendations arguing the case was subjudice.
    The commission had also asked the ministry to take appropriate administrative actions against Nima Construction for intentionally misrepresenting and misinforming authorities to secure additional contract works besides the five it already had at hand.
    It had seven projects at hand against CDB rule that allow only five.
    “I’m happy that due justice has been done after five long years by the Supreme Court affirming ACC’s recommendation to take administrative actions against officials involved,” Yarkay Group’s managing director Phub Zam said. “This shows our submission and pointing out elements of corruption and manipulation in the tendering process in relation to construction of Supreme Court office is proven correct.”
    Meanwhile, the court affirmed the High Court’s ruling to dismiss compensation that Yarkey claimed because it was established that the company had accepted the four packages of the ministers’ enclave project as separate.
    Yarkay had considered the construction of four structures of the ministers’ enclave as one project and argued that it being the lowest bidder, should have gained the contract to build the remaining four of the eight structures.
    “I’m unhappy for not getting compensation for expenses I incurred in fighting the case, which in turn helped the government save Nu 220M because of our intervention,” she said following the court order.
    Yarkay claimed compensation of Nu 62M, the loss it incurred for being deprived of the award of the Supreme Court work due to malpractices the ministry practiced.
    The controversy surfaced in October 2007 after works and human settlement ministry disqualified Yarkay from partaking in Supreme Court construction project.
    The ministry said the company already had five contracts, the maximum, at hand.
    Yarkay submitted to the courts that although they bid at Nu 580M, the lowest by about Nu 60M compared with Nima Construction’s bid of Nu 640M, it was made the second lowest evaluated bidder.
    The whole issue of the bids being substantially higher than the estimated cost, Yarkay Group’s submission stated, emerged only after it pointed out irregularities and flaws in the ministry’s intention to try and award the work to an identified contractor that was not even eligible to be called for negotiations.
    Had the company not raised any objection, the statement said, the other company would have succeeded.
    The ministry subsequently brought in the cost estimate factor as an excuse to call a re-tender.
    Yarkay Group filed the case with the Thimphu district court in November 2007.
    It appealed to the Supreme Court after the High Court overruled its lower court’s judgment on October 10 last year.
    By Rinzin Wangchuk

  7. Quote: “It was found the committee members had attempted to favour Nima Construction in awarding the work through manipulation and tampering with tender documents.
    The members comprised former works and human settlement minister Kunzang Dorji, who was the chairman then, Supreme Court Construction project director and former High Court judge Jigme Zangpo, urban development and engineering services director Rinchen Dorji, its chief engineer Ugyen Tshewang, project director Phuntsho Gyeltshen, quality and control director Rinzin Namgay, construction development board executive director Wangdi Gyeltshen and ministry’s Deki Chhoden.
    Two other representatives, finance secretary Lam Dorji and the then chief administrative officer from agriculture ministry Sonam Wangdi were also participants of the meeting.”

    The central point here is the Ugyen Tshewang’s fraudulent role as the chief evaluation engineer of the MoWHS which almost cost the Nation this colossal loss of Nu.220 million ( Nu.22 Crores).

    If ACC had asked the concerned agencies into taking administrative actions on these corrupt civil servants, then, against this alert call, why didn’t the RCSC give this important aspect any heed prior selecting Mr. Ugyen Tshewang as the MD of the NHDC?

    How could such a glaring issue escape RCSC’s vicious screening eyes in the first place – that of by design making Ugyen Tshewang pass the RCSC’s selection exams with a flying result? Or, does it mean that there is more to this than meets our eyes? Let’s see!

    People say Ugyen Tshewang is the cousin brother of the RCSC Commissioner Bachu Phup Dorji.

    People also say that another brother of Bachu Phup Dorji today sits on the chief engineer’s chair in the MOWHS as Ugyen Tshewang’s successor.

    This matrix is interesting and presents a better food for thought material. Is this coincidence or another case of a misfired bullet from Bachu Phup Dorji‘s crafty home-made gun.

    The rumor doing the round has it that Bachu Phup Dorji treats himself as a self-appointed second Thinlay Jamtsho tightly walking the master’s corrupt path.

  8. From KOL’s Editorial of December 15, 2012

    The fig leaf of administrative action

    The Supreme Court has ruled that administrative action is taken against the tender committee members, with regard to the award of the construction of the Supreme Court.
    Such a ruling implies that the tender committee might not have been following the rules, or perhaps bending them. It was not so serious to result in a more serious verdict, like say a prison term, but enough to warrant administrative action.
    The Supreme Court ruling does not specify what kind of administrative action should be taken, apart from directing the high court to ensure that the relevant ministry take action within three months, otherwise it will be considered contempt of court, which is quite serious.
    What this particular case highlights is the intense competition and rivalry in the world of business where it is a question of hundreds of millions of Ngultrums. It is a fact that all kinds of things happen in the construction industry the world over because of the huge amounts of money involved.
    Here too, with so many hydropower projects to be built, and so many outside companies wanting to win tenders, many Bhutanese businesses are tying up as middlemen, to do the running around in Bhutan and work their contacts and connections to push the bids. A winning bid could result in a percent or two of the total value of the contract for the Bhutanese middlemen, which could be anything in the tens of millions of ngultrums.
    But the focus on Supreme Court’s recent verdict has been what is administrative action? Does it mean a reprimand letter, saying don’t do that again?
    Since all members of the committee were civil servants, the Bhutan Civil Service Rules and Regulations would have to be consulted to understand what administrative action means.
    Under chapter 19, which deals with administrative discipline, there is a section on penalties that can be imposed by a disciplinary committee for offences related to functioning in official capacity.
    This perhaps comes closest to what may be considered administrative action. Minor administrative actions are fines, amounting to a month’s salary, and withholding training. But major ones include withholding increment for three to five years, demotion, compulsory retirement, or termination without benefits.
    The verdict has not specified whether the penalty should be minor or major administrative action. This perhaps is to be left to the discretion of the parent organisation.
    Then there is the question of those, who might have left the civil service but are being implicated now. What happens in their case? As the rules exist today, it appears that nothing can be done for those who have left.
    Which is why many do not take administrative action seriously and see it as merely as an eyewash. When it does get serious, people generally quit on their own, or because of actions being taken as administrative action.

    This case is equally important as Gyalposing land scam. People are watching it at closed quarters with unwavering interests. Whatever administrative actions the authorities (MOWHS/RCSC) take will indisputably have huge bearing on the Bhutanese society?

  9. From BBS:

    Ministry responds to Supreme Court construction corruption
    Feb 27 2013

    Responding to a letter from the High Court, the Ministry of Works and Human Settlement has said some of the tender committee members like the former minister, Kinzang Dorji, and former drangpon, Jigme Zangpo, resigned from service a few years ago.
    The Supreme Court had directed the High Court to issue a letter earlier this month to the ministry asking if it will take action against the construction tender committee members of the Supreme Court.
    The letter goes on to say Rinchen Dorji, the director of department of urban development and engineering services will superannuate in April, this year. It also says some of the committee members have been transferred to different agencies in different places.
    The ministry has also expressed its reservation in taking action against two members, Ugen Tshewang and Phuntsho Gyeltshen. The letter says they hard working and have served the government with dedication. The ministry feels that taking action against them could demoralize them. The ministry has, however, assured the high court that it will take action against the members within the deadline given by the Supreme Court.

    This letter tells us that LYZ’s MoWHS is no better than the corrupt LKD’s MoWHS. I am shocked in hearing this shameful immoral letter from the MoWHS. A fraudulent chief tender evaluator Ugen Tshewang like character whose corrupt and low-grade works almost cost the nation a whooping 220 million loss is today considered a NATIONAL HERO. I still fail to understand the rationale behind this crazy decision. If Ugen Tshewang is that indispensible and a deserving dedicated civil servant needing such worldly considerations, then, I would say that all civil servants qualify for a MEDAL each for their service to the nation thus far. This now defines the real meaning of the civil service’s administrative action.

    Congratulation LYZ’s MoWHS! I think this high -tech MoWHS DRAMA will now present a better “food for thought” material for the public.

  10. FROM KOL: MARCH 8, 2013

    Ministry reprimands two officials

    Inter Ministerial Tender Committee: The works and human settlement ministry has reprimanded two of its officials, following the Supreme Court’s order to take action against the then inter ministerial tender committee members. One of the officials is in Australia on long term studies, while the other official is nearing superannuation.
    On December 12 last year, the Supreme Court, had directed the High Court to have the works and human settlement ministry take administrative actions against tender committee members in the award of the Supreme Court construction, as they attempted to favour a construction company of their choice, by awarding the work through manipulation and forging tender documents.
    The works and human settlement minister, Yeshey Zimba, said reprimanding was the only action the ministry could take, as it was an old case and unfair to penalise only those members, who are still working, when there were also other people implicated.
    “Some members of the committee have already left the service, and it wasn’t fair to penalise those in service,” lyonpo said.
    The administrative action was taken after the ministry formed a committee to decide on the actions they should take.
    Lyonpo Yeshey Zimba said that, although the ministry had to take administrative action since it was the Supreme Court’s order, they had to deal with it very sensitively.
    He also said it became complicated for the ministry to take harsh action, as the Anti Corruption Commission (ACC) had only mentioned that the committee members did not do their work properly, meaning they did not look into the details properly; but no charges were framed against the individuals.
    “If there were charges framed against individuals, we could have easily penalised them in accordance to the charges they were convicted of,” lyonpo said.
    The minister said that, while he saw the need to respect the Supreme and High Courts’ order, which was also in the best interest of the country, he had to be sensitive of how the administrative action could affect the morale of people in service.
    “So, by reprimanding, I’ve taken the administrative action that sends the message to implicated officials that anything that they do in future, due diligence should be practised properly and that they must make sure that there are no lapses,” lyonpo said.
    He said anything that is more than reprimanding could be counterproductive, as it would disturb the state of the mind of people, who are holding important project and doing a good job now.
    Lyonpo Yeshey Zimba said most officials implicated were holding important position and they were doing a good job.
    Citing examples of the managing director of construction development corporation limited, Phuntsho Gyeltshen, and chief engineer Ugyen Tshewang and others, he said that these people have served the country loyally for many years.
    “Now at this stage, just based on the blanket charges, if we start taking harsh administrative action, it would have tremendous impact on their morale and spirit, and it would affect their performance,” Lyonpo Yeshey Zimba said.
    Lyonpo said they are already facing difficulties in retaining people, and have already lost quite a number of good engineers in the last couple of years. He also said that the people feel they are always suspect, which makes it difficult for them to perform. “I have to make sure that the administrative action taken should serve the purpose of reminding the implicated officials that they should be more careful in future.”
    He said harsher actions could either mean demoting them or terminating them, which would be very unfair.
    Lyonpo Yeshey Zimba said he asked other ministries, where the other implicated officials work, to take action. “I can’t take action, as my action against them has no validity,” he said.
    Meanwhile, officials from the ministry said individual officials implicated were unhappy, and that they were complaining of not given an opportunity to clarify.
    “The officials implicated argued that, if there were charges against them, ACC or court should’ve called them, but that hasn’t been done,” Lyonpo Yeshey Zimba said. “Everyone feels they’re innocent and that they’ve been wronged. Even reprimanding demeaned their image.”

    By Tashi Dema

    My take here:

    I am disgusted beyond belief on hearing this overtly garbage justifications from LYZ. In the larger interest of the nation, if LYZ cannot take appropriate actions on these corrupt civil servants, then, in turn, I must say that HC/SC must now take a more severe action on him for his failure as the Chairman of the MOWHS’s Review Team.
    Dear civil servants, from today onwards, you all are now licensed to indulge into corrupt practices. Please make the most of it and enjoy yourselves while in the civil service. This is LYZ’s last gift to the civil servants. By LYZ’s logic, even if you are red handedly caught on some corrupt works – this “second chance clause” would come to your rescue and nothing would happen to you. All the best! This is the ticket into witnessing further rioting in the Bhutanese civil service system.

  11. Please read ‘rioting’ as ‘rotting’.

  12. Rather than wasting their time, MoWHS should now submit their action taken report (ATR) to the RCSC for further review and submission to the High Court / Supreme Court.

    It is the responsibility of the RCSC for inter-ministerial matters. I think it is the job of the courts to study whether or not the administrative actions taken by the RCSC in conjunction with the concerned ministries are appropriate in keeping with the civil service’s rules and regulations.

    Once that’s done, I think, the Supreme Court will have to complete their share of the remaining unfinished job – that of dispensing the final verdict.

    We are hopeful that the SC would give justice to the matter.People are watching them!

    Aum Phup Zam has rightly pointed out that she is still not satisfied with the SC’s mysterious verdict and concerned on how such repeated “No Action Regime” kind of our courts mindset could hurt the common people.

    Today, on the grounds that no actions were taken on the main culprits like LKD, Nima Construction and others who already left civil service; this is now sadly used by these corrupt civil servants as an excused into escaping the punishment.

    In the name of morale boosting, if every corrupt civil servant is left scot free and protected under the ‘kith and Kin’ s unwritten broad-spectrum happiness clause’, then, when can we realize our dream of having in place a clean civil service system?

    I think we need to change our outlook and initiate some serious reforms in the civil service immediately before things reach an irreparable stage and goes out of hand.

    The talks in town has it that people like LKD still gets his Lyonpo’s salary in peace even to this day. I do not know whether or not these rumors hold water? If true, then, it is a big cause of concern. This is another form of corruption.

    Let’s watch and see what comes out of the SC’s magical box.

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