Saturday, March 5, 2011

Retired Bureaucrats move to SC for administrative reforms.

In a rare instance, 83 former bureaucrats including retired Chief Election Commissioners, retired police officers, a former Governor, retired diplomats and retired Chief Secretaries have come together and moved the Supreme Court seeking implementation of the recommendations on administrative reforms.

A Bench of Justices Dalveer Bhandari and Deepak Verma issued notice, acting on a writ petition filed by the former Cabinet Secretary T.S.R. Subramanian; the former CECs, T.S. Krishnamurthy and N. Gopalaswami; the former Ambassador to the U.S., Abid Hussain; the former CBI Director, Joginder Singh; the former Manipur Governor, Ved Prakash Marwah; and 77 others.

Further hearing is posted to April 4.

The petitioners said weak governance manifesting itself in poor service delivery, excessive regulation, whimsical interventions for personal benefit, uncoordinated and wasteful public expenditure, inadequate transparency and lack of accountability reduced the effectiveness of government policies and impinged adversely on growth and development.

Lack of good governance affected the quality of life and violated the guarantees provided under Article 21 (right to life and liberty) of the Constitution.

The petitioners pointed out that public administration had been compromised by corruption. There was an urgent need to depoliticise transfers, postings, inquiries, and the process of promotion, reward, punishment and disciplinary matters relating to civil servants.

Reports gathering dust

Since Independence, the Government of India had set up about 50 commissions and committees to study and make recommendations on administrative reforms, while various other studies were also conducted by State governments.

But these recommendations were not implemented. Implementation of the various administrative and civil service reforms would remedy these shortcomings and dramatically improve the impact of economic and social development programmes, the petitioners said.

Preservation of the integrity, fearlessness and independence of civil servants was an essential condition of the parliamentary system. While formulation of government policy was the task of the Minister, the civil servant was expected to advise him/her freely and frankly. The Minister should not interfere in service matters such as postings and transfers.

The petitioners sought a direction for constitution of an independent Civil Service Board or Commission both at the Centre and in the States to regulate transfers and promotions transparently, and to fix a minimum tenure ranging from 3-5 years depending on the seniority of the post.

To ensure probity and accountability it should be made incumbent on every civil servant to formally record all instructions/orders/directions/suggestions he or she received from Ministers or superiors on discharge of official functions

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