According to BCSR 2006, the transfer of dzongdas is to be under the purview of RCSC. However, on the basis of a list provided by MoHCA, the cabinet on 13 January decided to transfer 12 dzongdas, providing no clear reasons. The “decision” was communicated to RCSC, whose then secretary Dasho Bap Kesang issued the office orders without questioning the violation of a civil service rule on transfers of which his agency was the keeper.

The legal process, as underlined in the BCSR 2006, is that the ‘authority of transfer’ with regard to dzongdas lies with RCSC, which will get the nominations from an agency or individuals and take the final decision.

The dzongda is the most important figure at the dzongkhag level, being the chief executive officer of the local government, which now has a bigger budget and more autonomy under the constitution. He is also a key head and coordinator during elections in the dzongkhag.

His position is given such importance that, under the constitution, the appointment has to be made by His Majesty the King, on the recommendations of the prime minister, who shall obtain nominations from RCSC.

So why was due process bypassed?

The MoHCA minister Lyonpo Minjur Dorji said, “Till date, the ministry has been transferring dzongdas since their service files are with us and it’s done, keeping in mind the needs of the people and the capability of the official.”

He also said, “There has to be some linkage between MoHCA and the dzongda and this is the only tool for the ministry to have some control over the dzongda.”

Elaborating further, the minister said that, since three dzongdas were appointed as directors, there was a chain of transfers, which the government had to affect early since the 10th plan had just started.

On being asked what rule or law was followed in these transfers, the minister responded, saying the BCSR 2006. However, as explained above, this very rule has not been followed.

The transfers are also an indication of an old power struggle between MoHCA and RCSC. The main example here is that the human resources department of MoHCA is still with the ministry and has not been integrated with RCSC as desired by it. MoHCA declined the RCSC request, citing a 2005 cabinet order that places the HRO department under the administration and finance division. “If RCSC controls our HRO and finances our money, then we may as well dissolve the ministry,” said an official.

With regard to the directors’ three posts with disaster management department, department of civil registration and census and bureau of law and order being vacant, according to some MoHCA officials, they would require an open vacancy announcement under PCS and competition by eligible civil servants. Instead, three dzongdas were transferred directly there by MoHCA.