My last post generated a lot of discussions. Good.
Most of you feel that the cross transfer of the Samtse and Haa dzongdags does not represent new appointments. That they are merely transfers of existing dzongdags. And, that the home ministry has the authority to transfer existing dzongdags.
I disagree. The home ministry cannot transfer existing dzongdags for two reasons: One, dzongkhags are not under the home ministry – they are independent, autonomous agencies. So, the home ministry does not have legal administrative authority over dzongdags. According to Chapter 16, Section 2.1.3 of the BCSR, only the RCSC can execute “inter-ministry/agency” transfers. And the BCSR defines agency as “the Ministry, Dzongkhag, and Autonomous Organisation…”
And two, according to Article 2.19(q) of the Constitution, dzongdags shall be appointed by the Druk Gyalpo “by warrant under His hand and seal.” But does this mean that the Druk Gyalpo appoints dzongdags in general, as a cadre of civil servants not meant for specific dzongkhags? Or, does it mean that the Druk Gyalpo appoints dzongdags to specific dzongkhags?
The RCSC favours the second interpretation. Hence their announcement:
His Majesty the King has appointed Rinzin Dorji, Chief Planning Officer, GNH Commission as Dzongdag, Samtse Dzongkhag; Karma Dukpa, Sr. Drungpa, Phuntsholing Dungkhag as Dzongdag, Zhemgang Dzongkhag; and Sonam Jigme, Chief Trade & Industry Officer, Regional Trade & Industry Office in Samdrup Jongkhar as Dzongdag, Gasa Dzongkhag.
The above appointments have been made in accordance with Article 2, section 19 (q) of the Constitution.
His Majesty’s warrant is specific. Rinzin Dorji was appointed as Samtse Dzongdag, not as any dzongdag. Karma Dukpa as Zhemgang Dzongdag. And Sonam Jigme as Gasa Dzongdag. So they cannot be transferred to other dzongkhags.
But that does not mean that they, and other existing dzongdags, can never serve in other dzongkhags. If the RCSC and the government feel that moving a particular dzongdag to another dzongkhag is desirable, all they’ve got to do is follow procedure. Follow Article 2, Section 19(q) of the Constitution.
And why is procedure, especially those enshrined in the Constitution, so important? To ensure checks and balances. And to ensure respect for law and transparency.