To insulate the bureaucracy from
political interference and to put an end to frequent transfers of civil
servants by political bosses, the Supreme Court on Thursday directed the Centre
and the States to set up a Civil Services Board (CSB) for the management of
transfers, postings, inquiries, process of promotion, reward, punishment and
disciplinary matters.
A Bench of Justices K.S.
Radhakrishnan and Pinaki Chandra Ghose, giving a series of directions while
disposing of a public interest writ petition — filed by former Union Cabinet
Secretary T.S.R. Subramanian; former CECs T.S. Krishnamurthy and N.
Gopalaswami; former Indian Ambassador to the U.S. Abid Hussain; former CBI
Director Joginder Singh; former Manipur Governor Ved Prakash Marwah and 77
others — also said bureaucrats should not act on verbal orders given by
politicians and suggested a fixed tenure for them.
Writing the judgment, Mr. Justice
Radhakrishnan said “the CSB, consisting of high ranking service officers, who
are experts in their respective fields, with the Cabinet Secretary at the
Centre and Chief Secretary at the State level, could be a better alternative
(till the Parliament enacts a law), to guide and advise the State government on
all service matters, especially on transfers, postings and disciplinary action,
etc., though their views also could be overruled, by the political executive,
but by recording reasons, which would ensure good governance, transparency and
accountability in governmental functions.”
The Bench asked Parliament to enact
a Civil Services Act under Article 309 of the Constitution setting up a CSB,
“which can guide and advise the political executive transfer and postings,
disciplinary action, etc.” The Bench directed the Centre, State governments and
the Union Territories to constitute such Boards “within three months, if not
already constituted, till the Parliament brings in a proper Legislation in
setting up CSB.”
The Bench said “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.”
Deprecating repeated transfers, the
Bench said minimum assured tenure ensures efficient service delivery and also
increased efficiency.The Bench directed the Centre, States and Union
Territories to issue appropriate directions to secure providing of minimum
tenure of service to various civil servants, within three months.
