Where’s Justice?

Exactly one month ago, I called on the Royal Civil Service Commission requesting them to reverse their decision to terminate (without retirement benefits) seven education officials from their jobs. The basis of my request was that the RCSC had violated Section 10.2 of the Bhutan Civil Service Rules and Regulations 2006.

Section 10.2 declares that: “Only one penalty shall be imposed in each case.”

I haven’t heard from the RCSC yet. But in the meantime, I’ve learnt about another case, this time involving three officials of the Paro NIE.

They too had been caught “adjusting” their accounts, supposedly to meet workshop expenses. They were penalized. Then they were taken to court. And after the court’s verdict, the RCSC reinstated all three of them in their earlier jobs.

One of them decided to resign. He applied for, and received his retirement benefits.

The other two decided to continue in their jobs. But the RCSC reversed their earlier decision and terminated them both. They didn’t receive their retirement benefits.

Where is Section 10.2? Where is justice?

This is their story:

We (Phurba & Kezang D. Yeshey – lecturers of Paro College of Education) would like to inform you about the nature and actions taken by different offices.

We were hired by Dorji Wangchuk, CAPSD, Education division, Paro to conduct Environment Studies (EVS) workshops in nine districts. We adjusted some of the bills after conducting workshops to cover for the extra payments made to the participants and workshop helpers. As a result, we had to accept so many administrative actions and legal penalties. And they are as follows:

  1. We paid the adjusted amount to the Royal Audit Authority (RAA)
  2. Ministry of Education forwarded our case to the Office of the Attorney General for prosecution.  Letter no: MoE/ADM(22-2006/3319 dated 10/11/2006)
  3. After few months our case was withdrawn by MoE and RCSC in preference of Administrative action (Kuensel, vol no: XXII sometimes in January 2007)
  4. In February 2007, MoE & RCSC jointly conducted meeting to impose administrative actions against us. (Minutes of the meeting available with us)
  5. MoE & RCSC imposed administrative action through Office of the Vice Chancellor (OVC) by withholding promotion for three years and maintaining in the negative name list for three years without availing training and further studies. (Letter no: RUB/ADM-15(B)/2007/2254 dated  19th march 2007)
  6. As a result Phurba missed his masters training programme which was supposed to be in UNE, Australia. (Internal notice, dated 30, march 2007)
  7. In April 2008, the OAG prosecuted us in Paro District court and suspended us during that period (Letter No: PCE/ADM(16)2007-2008/1861 dated 14th April 2008).
  8. Paro District court acquitted us of all the charges. (Verdict no: 11274, dated 13/08/2008)
  9. The OAG appealed to the High court against our acquittal. The High Court reversed the District court’s verdict and sentenced us for eighteen months imprisonment and fifteen months for Dorji Wangchuk. (Verdict No: 09-05 dated 19/02/2009)
  10. After the High court verdict, RUB reinstated us in our formal jobs with additional administrative action. That is, RUB Withheld one year increment as per the BCSRR sec 2.4.3, page 191 (Letter No: RUB/HRM/15/(B)2009/1443 dated 25/03/2009)
  11. RCSC issued office order to the Dy. Auditor General regarding Dorji Wangchuk’s entitlement to his retirement benefits as we were already reinstated by RUB (letter No: RCSC/LS-4/2009/5090 dated march 5/2009)
  12. Finally RCSC terminated us without any benefits. (Letter NO: RCSC/LS/4/2009 dated 30/06/’09)
  13. We appealed to the High court as per sec 12.5 of BCSRR 2006, page 204 against RCSC’s action citing sec 10.2 of the BCSRR 2006. The High Court rejected our appeal. (Letter No: 3718 dated 6/08/2009)
  14. We filed the case against RCSC’s action in the Paro District Court but the district court rejected our case. (Letter No: 2639 dated 28/8/2009)

 

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Comments

  1. Sonam Tshering says:

    I am proud of my country, the Bhutan.

  2. Water, water everywhere but not a single drop to drink.
    GNH, GNH everywhere but not a single sensible policy to achieve it.
    Justice,justice everywhere but injustice is so widespread from RCSC to Health to Home.
    Transparency, transparency everywhere but they do not even allow live telecast of our Parliamentary proceedings.
    Accountability, accountability everywhere but all big people are corrupted.

  3. Linda Wangmo says:

    Why cant these people appeal to the so called the griveness cell maintained with by our dear Lyonchen. I am sure he would help out cuz he too is elected by us. Or is the cell just to bail out people like Lama Tshering Wangdi.

  4. Linda, good suggestion but I don’t think that’s a good idea. Looking at the situations and things taking shapes in Bhutan today, it feels like you are asking someone to run away from the “goondas” and go to the “goonda boss”….of course, you will get some temporary relief and consolations from the ‘goonda boss” but in the end you will be murdered anyway!!
    A pathetic movie in real life.

  5. small fish are always victims, they never catch and penalize bigger fish who are building their own empire out of government money.

    Sad victims!

    long live GNH, Equity and Justice!!!

  6. This is unbelievable – is it really true? Or are we hearing only one side of the story?

    If it is true, I feel really sad and sorry for the three officials of the Paro NIE. To have such injustice and suffering in the world’s last Mahayana Buddhist nation, the land of compassion, the last Shangrila, the land of GNH. What a shame? Where is our government’s promise of “Equity and Justice?” Where’s our Buddhist compassion and understanding?

    This shows how those in power treat ordinary people and how they get away breaking the laws. There is no compassion, there is no justice, and there is no voice for the ordinary people like Phurba and Kezang Yeshey.

    I felt sad reading their story and I felt scared too. This could happen to any of us – the ordinary people with no connection to those in power.

    I hope concerned organizations and people in power undo this injustice and put a system in place to make sure that this doesn’t ever happen again. I am also reminded of the inhuman suffering of the person in Lhuntse lock up case (the one who was made to drink his own urine). In different parts of the country, I think there are many more Phurba and Kezang Yeshey suffering in silence.

    I hope those in power do not ignore this issue – at least this time have the courage to do the right thing. I hope the media steps up to its responsibilities and fight for justice. I hope OL’s effort doesn’t go to waste.

    If we can’t have “Equal Justice under Law,” there is no point having “DEMOCRACY.”

  7. kenchosum says:

    Linda Wangmo’s post made me remember Lama Tshering Wangdi’s Zee case in the Kuensel sometime back. If people have read it was about some “fake Zee” or something like that. Actually the truth was that they were real zee and for some reason the story was not investigated further and hussed up since he had our dear Lyonchen’s support and good will. Otherewise, it was a criminal case and the Lama would or should have been sentenced. The PM has protected him… WHY and For WHAT? Therefore, when one talks about corruption…. the corrupt gets away scot free while people implementing policies get in trouble.
    Hopefully Tenzin Lamzang does an investigative story in this. Nothing should go unrevealed even if it is the PM.

  8. pissedoff says:

    Dear Tangba,
    I hope your name does not infer that you are from Tang. If you are from Tang, then use your real name or another pseudoname. If not, do not disgrace the real Tangpas with your venom and apparent hatred of the government.

  9. mesmerised says:

    OL,
    Please do all you can to take RCSC, High Court and District Court of Paro to Supreme Court. We will all back you up to the hilt.

  10. Yes, I also find this Tangba spitting venom each time a topic comes up. I suspect he is someone who lost in the last elections. Otherwise how can he spit venom always rather than making constructive and sensible comments. I also find that the issues are always put in the way that people spit venom. It will be good to make balanced, constructive and sensible comments so that OL’s blog will serve a purpose and not breed hatred.

  11. Response to Karma 1
    It should be true since they had quoted all the letter nos. and office order nos. otherwise who would have maintained all the details upto date.

    Dear OL
    now you are only the last person who could give justices to these unluckey officials and you should find out why High court rejecetd their appeals. Though their apeals are as per the provisions of BCSR 2006. your support will not only help these officials but it would benefit the whole civil servants. Sir you can go ahead. We will support you. All the Best OL.

  12. I honestly think that someone should not be charged twice or more for the same crime. This is really pathetic on the part of especially RCSC. It is really pathetic to know that not even the appeal was accepted by the court.
    Karma

  13. To both “Tangba2” and “Pissed off”: As civilized people, first, please no barbaric arguments. I will answer your queries and you answer my questions.
    My answers: Yes, I am from Tang. No, I neither tried my luck in the previous elections nor will I in any future elections. I am not interested in politics but I am interested in the welfare and future of my country. I live in this house called Bhutan and I should know what is going on in my house. I have the right to object to some things happening in my house which I think is not good for the house and the family. Some people in the house make bad decisions for the whole family and you can not expect other members of the house to remain silent.
    My question to “Pissed off”: If you think I spit baseless venom and hatred on the government, please EXPLAIN AND ELABORATE like the honorable OL with proofs and evidences how that thing could happen to the seven education officials.
    My question to “Tangba2”: If you think I am talking nonsense, please read Kenchosum’s comment above and EXPLAIN it to us what happened to Lam Tshering Wangdi. It seems to me that you have never heard about it.
    If you don’t know, it’s better to remain silent than to open your mouth and remove all doubts.

    **If you guys can explain to us with some insightful arguments and a sense of wisdom and conscience, I will bow down at your feet. If not, I will consider you two have nothing but some cow dungs in your head, blind eyes and a stinking mouth of a bitch.
    Some “Tangba Jawleys” are real stupid, you know.

  14. Dear OL,
    Tashi Delek you are doing Good JOB, I hope you will never leave this kind of case. like Lama Tshering Wangdi’s and SHERIG OFFICIALS.

    And also you can counter attract to the ACC Oficials (like Thinley Wangdi) for taking personal matters to during the investigation.

    check and balance is more important for us.

    GOOD LUCK OL

  15. pissedoff says:

    Tangba,
    I doubt that you are a Tangba at all. In the first place, no real Tangpa will use such fould languages. Secondly, Tangpas do not resort to hiding behind a mask to fight for rights and to right the wrong. All, you are trying to do, in this forum and others like this one, is to stir trouble and cause disharmony. If you want to achieve something positive, be a little more decent and once again don’t claim to be a Tangpa. We are ashamed of you and if we know who you are, we will swiftly disown you. Phatga? Weth Tang Angi Yo?

  16. Your Execellency,

    Some acts cannot be justified and some principles never compromised.

    But people do change and so all deserve 2nd chance. That does not mean that past acts can be ever justified, and for one to be deserving of the second chance – one should be willing to take the responsibility for the past acts and thier effects

  17. Pissedoff, first of all, the problem with most of our people in the country is that they do not do what they say..you ask me to come out of my hiding, okay…..then what are you doing beihind that name “pissedoff”??…at least I have the guts to hint where I am from…I am from Tang…I am a Tangba…the first Trongsa Penlop was from my house….you know, as a matter of fact, some of our Tangba folks like this ‘pissedoff” are still eating ‘jawad thro daan” and so they have a very little brain matter in their heads!!!

  18. Tashi Tenzin says:

    PM protecting criminals? Example should be set from the highest office. What can you expect from someone who is distributing his daughter’s travel brochures on an official visit to Japan. I am really pissed off with this PM who says one thing and does another.

  19. pissedoff says:

    Tangpa,
    Now that you have made this tall claim of being a descendant of the first Trongsa penlop, can you please name him? We will then see whether your claim holds any water.

  20. 10000eyes says:

    whether you are from tang or not….. bhutan is our home and PM is our guardian. i also heard about Lam kezang was caught puttng zee on his neck instead of rosary. heeheheheehe… what is happening? kuensel said it is fake zee… i agreed to the reporter and newspaper that the zee Lam Kezang possess was a fake. now i realized the kuensel lied to us…. on next edition they did correct their mistake in this issue…. they lied to thousand people… we can take kuensel to the court for misinforming the people.
    LAMA with zee…. what for!!!!!!!! LAM to construct temple for his car……
    nice life in next birth….

  21. Mr “pisseddoff”, have you ever studied Bhutan History? I am surprised, man. Either you are soooo ignorant about our own history, and for that matter, our current affairs, or you are not at all a Bhutanese. I just hope you are not one of those guys from the Jhapa Camps in Nepal. It seems to me that they know better Bhutan History than you. What a shame on you!! And what a waste of my time. I will not counter argue with you anymore. You are a worthless piece of shit!!

  22. Dear Tangba and others,
    I (citizen of Bhutan ) would appreciate if you could stop posting your personal argument. Which makes OL site useless.

  23. Pissedoff says:

    Tangba,
    I will not stoop down to your level by calling names. As you said, it is not worth it. The fact is you have no idea on who the first Trongsa Penlop was or about any thing Bhutanese at all. Are you claiming that you are a descendent of Chogyal Minjur Tenpa? He is definitely not from Tang. I don’t beleive that you are from the house of Penlop Tshokil Dorji either. His descendents are far too decent to fit your kind. And by the way, I am no more from Jhapa than you are from Patpong – ring a bell?

  24. Dear OL,
    You are doing a good job by trying to give justice to those Education and RUB officials.Ultimately, every Bhutanese would be looking for a leader like you.Your actions and words can uphold the basic principles of GNH.With your and your own ideas you can fix the greedy old people in RCSC, who in the name of BCSR have violated the BCSR rules.Unless a good system is put in place by giving justice to the unfortunate lot,it will create a precedence over the next generation of civil servants and the old ones too.The RCSC should be made responsible for the inhuman act and ofcourse, High Court and District Courts who rejected their cases be asked to justify their acts. Is Bhutan Penal Code protecting the bigger fishes too like ACC and RCSC.Ministry of Education should be asked to justify their stand too. Because why didn´t they fight the case as an organisation, not letting individual officials whose voice are not heard beyond their own organizations.I wonder what these poor officials are doing in the land of the GNH where they are deperived of their own benefits.

  25. Dear OL
    I m sure people will support you for the justice you have shown to the poor education officials.I am a regular viewer of the National Assembly sessions and I have seen you bringing into light the injustices imposed on the education officials. During the last session you and majority of the members showed your concerns in the Assembly and hence,commited yourselves to give them justice. All the viewers( the Bhutanese Citizens) will be eagerly waiting to see this session of the Assembly bringing justice to those guys.Please make it a point that guilty are punished according to the law of the country and who are not guilty be given justice. RCSC should see the members arguing in the Assembly so that they get to see some valid justifications given by members and not sticking to personal grudges against the unfortunate lot.

    • Dear Pawo, If the Parliament does not support the education officials, the opposition party may have to appeal to the judiciary to consider their case, especially concerning multiple penalties for the same offense. Tshering

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