SC to bureaucrats: Don't take oral instructions from netas-Times of India
Dhananjay Mahapatra, TNN | Oct 31, 2013, 12.52 PM IST
NEW DELHI: The Supreme Court on Thursday drastically reduced political pressure on top bureaucrats by ruling that they must get an assured minimum tenure in posting.
"Fixed tenure of bureaucrats will promote professionalism, efficiency and good governance," the SC bench observed. "Much of the deterioration in the functioning of bureaucracy is due to political interference," the SC said.
The SC also directed the Centre and state governments to pass an order within three months on giving fixed tenure to civil servants.
The apex court also empowered top bureaucrats to record in writing the oral instruction of political bosses on files so as not to be hounded later on for a particular decision.
The SC said that such recording of political instructions by bureaucrats will also help in promoting transparency and will allow general public to access correct information.
The verdict, which is on the line of apex court's earlier order on police reforms for giving fixed tenure to senior police officers in Prakash Singh case, will go a long way in giving freedom and independence to the functioning of bureaucracy.
The judgement comes close on the heels of controversies surrounding Ashok Khemka, IAS officerof Haryana cadre over DLF-Robert Vadra land deal, and Durga Sakhti Nagpal, UP cadre IAS officer, who was targeted by the state government for alleged misconduct.
The apex court passed the verdict on a PIL filed by 83 retired bureaucrats including former cabinet secretary T S R Subramanian seeking its directions for insulating bureaucracy from political interference.
The petitioners also include former Indian ambassador to the US Abid Hussain, former chief election commissioner N Gopalaswami, former election commissioner T S Krishna Murthy, former IPS officer Ved Prakash Marwah, and former CBI directors Joginder Singh and D R Kaarthikeyan.
"This is a landmark judgement. Public servants are not private servants," Subramanian said.
"Today faith in our Constitution has been reaffirmed...our faith in the strength of democracy has been reaffirmed because the highest court of the land has recognised the problems," he said, adding "malgovernance affected people and quality of administration".
Krishna Murthy lauded the verdict, saying "Good governance is critical to good quality democracy.
"Most of us have seen in our career how most of the transfers, promotions, postings and foreign assignments, all of them are decided on whimsical basis very often," he said.
The PIL had alleged that at present, the system of transfers, postings, promotions, disciplinary action and other personnel matters pertaining to the members of civil services are ad-hoc and non-transparent.
"There is an urgent need to make the civil servants accountable, sensitive and responsive. If this is achieved, there will be across-the-spectrum benefits...
"Transfers are often used as instruments of reward and punishment, with officials being frequently transferred on the whims and caprices as well as the personal needs of local politicians and other vested interests. Officers, especially those in the All India Services serving in state governments, have no stability or security of tenure," it had said.
The PIL had also said the civil servants at all levels should be given a minimum three-year fixed tenure on each post to foster functional freedom and independence.
Any premature transfer should specifically be authorised by the 'civil service board/commission' on specific circumstances to be brought out in writing, it had said.
At least four high-powered panels made recommendations for freeing the bureaucracy from political interference but the government had not taken any concrete step for implementation of the reforms suggested by them, it had said.
"Change of government invariably leads to new rounds of transfers as the incoming group of political leaders seeks to reward supporters and put its "own" staff in key positions.
"Moreover, the 'transfer industry' is backed by entrenched and powerful vested interests as frequent transfers generate huge amounts of black money for corrupt officials and politicians...," it had said.
The PIL had said that there should be an independent, high-powered and statutory 'civil services board' in each state which should process proposals of postings and transfers.
http://timesofindia.indiatimes.com/india/SC-to-bureaucrats-Dont-take-oral-instructions-from-netas/articleshow/24978551.cms?
My Opinion is as below
In public sector banks, transfers take place purely on the whims and fancies of top officials. Flattery and bribery play the key role and predominant role in transfer and not only transfers but also in all promotion processes. I have been harping on this blatant issue since long but none at top echelon gave value to my views. Performance and caliber of an officer is of no significance in any public sector bank and in any government office or department of Ministry. It is undoubtedly an open secret that performance was never in the minds of top officials when they used to issue transfer orders or they used to promote or reject an officer in promotion process..
As such Today's Historic Supreme Court judgement is enough to substantiate my views expressed during last few years through my blogs. All public servants will welcome this landmark and historic judgement given by Highest Court of India.I am fully confident that trade union leaders who were playing mostly in the hands of top officials of the management and working as puppet of ministers to serve their self interest will at least now stop advocating on behalf of clever and corrupt bosses and do their duty towards their members and try to protect the interest of their members for which they are meant
I reiterate that at least now bank management will take the lesson and modify their Human Resource Policy and try to be perfectly honest in its execution in real sense and in true spirit. It is well known to bank officers how they are tortured by top bosses, how they are forced to sit late and work on Holidays and Sundays and how they are frequently transferred when they do not act as flatterer of their bosses.
It is astonishing that despite clear cut instruction by Ministry of Finance in Jun 2012 that banks should not transfer officers after June month and if transfer after June month is unavoidable , the same should be approved by the board. But Banks are still issuing transfer orders violating the guidelines without keeping in mind even the torture meted out to officer due to frequent arbitrary and whimsical transfers.
It is therefore desirable that Ministry of Finance should verify whether guidelines issued by them are followed in true spirit on ground level. If there is one or two violations, the same may be condoned. But if there are hundreds of violations in each bank every year, MOF should either punish top officials or withdraw their guidelines and give them free hand as they are using free hand to transfer IAS and IPS officers in the country to take revenge from their opponents.
It is however undeniably true that if the verdict of Supreme Court is not put into action in true sense in all government departments, there is no power on earth which can stop corruption and which can ensure safety of bank and health of banks health.
So far as oral instructions from top bosses are concerned , it is open secret that majority of high value proposals originates from branches only when there is huge pressure , oral orders from top bosses to sanction loans to a person or businessman. Majority of promotions take place on the verbal recommendation of some powerful persons only and when any officer recommends anyone's name for promotion, marks are accordingly given in Interview by members of Interview panel.
Even Supreme Court cannot stop such oral instruction. None of junior officers has courage to write down the oral instruction as advised Today by Supreme Court.
Only God can express the true story of banks and government departments.
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