“According to last week’s Kuensel story, the 13 individuals were charged with resorting to paying commission, deceptive practices and forgery, all of which constitute criminal offences and that are not within the purview of the MoIC’s administrative mandate,” said a senior ACC official.

The official said that criminal actions must be taken to court where the judicial system would decide on the outcome. “It’ll be adequate if MoIC takes up the issue as per the rules, but we’ll be forced to take up the case under the ACC Act, if there’s no satisfactory action on the issue,” said the ACC official.

Giving the example of the dismissal of the education ministry official for forgery and the ministry of labour corruption case, the ACC official said that there must be uniform application of the law, though it would be up to the court to adjudicate on the issue.

“The danger with this case is that there could be scenarios where junior employees in government service commit criminal offences and then, in collusion with the head of the department, get off lightly with only administrative action,” said the ACC official.

The MoIC disciplinary committee in early 2009 had recommended that, apart from the compulsory retirement of Thinley Namgay, the 12 others be demoted by a grade each. The action in the end was to withhold promotions of the 12 for a year and give compulsory retirement to Thinley Namgay with benefits.

“As per the ACC Act, things like deceptive practices, forgery and paying commission constitute corruption and the penalty for these are outlined in the penal code of Bhutan,” said the official. “Under deceptive practices, the staff managed to get loans from even the Bank of Bhutan, which must also be looked into,” the official added.

MoIC minister Lyonpo Nandalal Rai said, “I’m studying the facts of the case. I’ll respond only after knowing the details.”