RTIFED/Format for RTI Replies/2014/1104
Frequent Officer Transfers Woes
02 December 2014
THROUGH E-MAIL
Chief Secretary to Government Haryana
4th Floor, Haryana Civil Secretariat,
Sector 1, Chandigarh
Frequent Transfers Woes
Fixed minimum tenure to civil servants
will not only promote professionalism and efficiency, but also good governance
Hon'ble Sirs,
In a path-breaking verdict in the Writ Petition (Civil) No. 82 of 2011, the Supreme Court on 31 October 2013 (attached at Annexure-1) said 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. But directed in Para-35 of the Judgement:
"35. We, therefore, direct all the State Governments and Union Territories to issue directions like Rule 3(3) of the All India Services (Conduct) Rules, 1968, in their respective States and Union Territories which will be carried out within three months from today."
The extract of the Rule 3(3) of the All India Services (Conduct) Rules, 1968 is attached at Annexure-2 for your ready reference and further appropriate action please.
Holding that much of the deterioration in bureaucracy is because of political interference, the court 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 also comprising 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.
The bench also said Civil Services Board 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 judgement had come close on the heels of controversies surrounding Mr. Ashok Khemka, IAS officer of 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 FULL TEXT OF THIS COMMUNICATION TOGETHER WITH ITS ENCLOSURES IS ATTACHED IN THE 56-PAGE PDF DOCUMENT, WHICH MAY PLEASE BE DOWNLOADED AND PRINTED FOR FURTHER APPROPRIATE ACTION ON THE MATTER, PLEASE.
ATTACHMENT CONTAINS
01. This communication - page 1-4
02. Annexure-1 - SC Judgement dated 31 Oct 2013 - Page 5-52
03. Annexure-2 - Extract of Rule 3(3) of AIS Rules 1968 - Page 53-54
04. Annexure-3 - Roll of Honour of Chief Secretary - Page 55-56
The receipt of this communication may please be acknowledged. While replying, the number and date of this communication may please invariably be mentioned. If no acknowledgement is received, I intend to file RTI Application after a month. to know the:
(i) status of implementation of these SC directions; &
(ii) day-to-day of action taken on this communication and its latest status.
This communication is sent through electronic media and as such does not warrant any signature.
Thanking you & with Warm Regards,
Very cordially yours,
Surendera M. Bhanot
President RTIFED[1]
Enclosure: as stated please.
A copy is sent to the:
1. Chief Justice of India, Supreme Court of India - with reference to path-breaking verdict in the Writ Petition (Civil) No. 82 of 2011, of the Supreme Court pronounced on 31 October 2013. This matter may please be reopened and the states may be asked to file the status report regarding the implementation of the directives of the court contained in the verdict.
2. Chief Justice of Punjab & Haryana High Court at Chandigarh - with reference to path-breaking verdict in the Writ Petition (Civil) No. 82 of 2011, of the Supreme Court pronounced on 31 October 2013.
3. A copy is also sent to all RTI Activists and RTI NGOs as well as Human Right NGOs - for making similar plea to concerned authorities in their state/area of operation.
[1]RTIFED (formerly known as RTI Activists' Federation and conceived and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.
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