Friday, 1 November 2013

SC rules: Bureaucrats must not act on verbal orders from politicianss


New Delhi, Oct 31 (PTI): The Supreme Court said on Thursday that bureaucrats should not act on verbal orders given by political bosses, as it sought an end to frequent transfers and suggested a fixed tenure to insulate them from political interference.
Suggesting sweeping reforms in the functioning of bureaucracy, a bench headed by Justice K S Radhakrishnan said Parliament must enact a law to regulate postings, transfers and disciplinary action against bureaucrats.
Holding that much of the deterioration in bureaucracy is because of political interference, it said that civil servants should not act on verbal orders given by political executives and all actions must be taken by them on the basis of written communication.

The bench, which also had Justice P C Ghose, said giving a fixed minimum tenure to a civil servant will not only promote professionalism and efficiency, but also good governance.
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 should be constituted at the Centre and State-levels.        
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 judgment comes close on the heels of controversies surrounding Ashok Khemka, Indian Administrative Service officer of Haryana cadre, over DLF-Robert Vadra land deal, and Durga Sakhti Nagpal, Uttar Pradesh cadre IAS officer, who was targeted by the state government for alleged misconduct.
The apex court passed the verdict on a Public-Interest Litigation (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 United States Abid Hussain, former Chief Election Commissioner N Gopalaswami, former Election Commissioner T S Krishna Murthy, former Indian Police Service officer Ved Prakash Marwah, and former Central Bureau of Investigation (CBI) directors Joginder Singh and D R Kaarthikeyan.1
source;http://www.telegraphindia.com/1131031/jsp/frontpage/story_17515499.jsp#.UnOsyKr5S0x
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