Among other reforms, SC asks Centre, States to give fixed tenure to bureaucrats.
Stressing the importance of civil servants in democracy, the Supreme Court on Thursday in a landmark judgment said bureaucrats should not act on verbal orders given by political bosses and frequent transfers should come to an end.
A bench headed by justice KS Radhakrishnan said: “Civil servants have to function in accordance with the Constitution and the laws made by Parliament.
“In the present political scenario, the role of civil servants has become very complex and onerous.
Often they have to take decisions which will have far reaching consequences in the economic and technological fields. Their decisions must be transparent and must be in public interest. They should be fully accountable to the community they serve.”
In its 47-page judgment, the bench said all communication given to civil servants must be be in written form to protect them “against wrongful and arbitrary pressure exerted by the administrative superiors, political executive, business and other vested interests”.
“If the civil servant is acting on oral directions or dictation of anybody, he will be taking a risk, because he cannot later take up the stand that the decision was in fact not his own. Recording of instructions, directions is, therefore, necessary for fixing responsibility and ensure accountability in the functioning of civil servants and to uphold institutional integrity.
“The practice of giving oral directions by the administrative superiors, political executive would defeat the purpose of the RTI Act and would give room for favouritism and corruption.”
The bench said giving a fixed minimum tenure to a civil servant will not only promote professionalism and efficiency, but also good governance.
“We notice, at present the civil servants are not having stability of tenure, particularly in the state governments where transfers and postings are made frequently, at the whims and fancies of the executive head for political and other considerations and not in public interest. The necessity of minimum tenure has been endorsed and implemented by the Union government. In fact, we notice, almost 13 states have accepted the necessity of a minimum tenure for civil servants.”
“Fixed minimum tenure would not only enable the civil servants to achieve their professional targets, but also help them to function as effective instruments of public policy. Repeated shuffling/transfer of the officers is deleterious to good governance. Minimum assured service tenure ensures efficient service delivery and also increased efficiency. They can also prioritise various social and economic measures intended to implement for the poor and marginalised sections of the society,” the bench observed.
It asked the Centre and all state governments along with Union territories to issue directions within three months for providing fixed tenure to civil servants.
The bench also said Civil Services Board be constituted at the Centre and state-levels. “Of late, the UPSCs and PSCs are being denuded of their powers of consultation while making promotions and transfer from one service to another.”
The verdict, which is in line with the 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 judgment comes close on the heels of controversies surrounding Ashok Khemka, IAS officer of Haryana cadre, over DLF-Robert Vadra land deal, and Durga Shakti 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 TSR 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 TS Krishna Murthy, former IPS officer Ved Prakash Marwah, and former CBI directors Joginder Singh and DR Kaarthikeyan.
(With agency inputs)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}