No oral orders to Babus: Supreme Court

Calls for law to regulate their postings, transfers.

• 83 former bureaucrats had filed PIL to safeguard Babus from political pressure
• Reforms to bring professional approach in governance
• Civil servants asked not to act on oral orders
• Order assumes significance in view of Khemka, Durga Nagpal transfers
• Petitioners hail judgement, say public servants are not private servants

In a judgment of far-reaching significance that can considerably reduce political pressure on bureaucracy, the Supreme Court on Thursday declared that parliament must enact a law to regulate postings, transfers and disciplinary action against bureaucrats. In the sweeping reforms to streamline the functioning of bureaucracy, it suggested fixed tenure for bureaucrats, in order to put an end to frequent transfers and to insulate them from political interference. Giving a fixed minimum tenure to a civil servant, it pointed out, would not only promote professionalism and efficiency, but also good governance. The Supreme Court Bench said a Civil Services Board should be constituted at the Centre and state levels.

The Supreme Court Bench, headed by Justice K S Radhakrishnan and comprising Justice P C Ghose, asked the Centre and all state governments and union territories to issue directions within three months for providing fixed tenure to civil servants. The judgment stated, “Frequent transfers should be avoided, so that implementation of the policies and programmes of the government reach the poor people.

These reforms will bring a more professional approach in the government and among high-ranking officials.” Much of the deterioration in the functioning of bureaucracy is due to political interference, it stated. The Apex Court verdict stated that bureaucrats should not act on verbal orders given by political bosses and all actions must be taken by them on the basis of written communication.

“If civil servants act on oral instructions they must record it in writing, otherwise the purpose of the RTI will be defeated,” stated the Supreme Court. The Apex Court verdict assumes significance in view of the recent controversies surrounding Haryana-cadre IAS officer Ashok Khemka over the land deal involving Robert Vadra and DLF and Uttar Pradesh cadre IAS officer Durga Sakhti Nagpal, who was targeted by Akhilesh Yadav Government for alleged misconduct.

This Supreme Court judgment is on the lines of its earlier order on police reforms for giving fixed tenure to senior police officers in Prakash Singh case. The latest Apex Court verdict will go a long way in ensuring greater freedom and independence to bureaucracy. The Supreme Court judgment comes on the public interest litigation (PIL) petition filed by 83 former bureaucrats that include former Cabinet Secretary T S R Subramanian, former Indian Ambassador to the US Abid Hussain, former Chief Election Commissioner N Gopalaswami, former Election Commissioner T S Krishna Murthy, former IPS officer Ved Prakash Marwah and former CBI Directors Joginder Singh and D R Kaarthikeyan.

The PIL had alleged that the system of transfers, postings, promotions, disciplinary action and other personnel matters pertaining to the civil services are ad-hoc and non-transparent. Welcoming the Supreme Court judgment, former Cabinet Secretary T S R Subramanian said, “This is a landmark judgment. Public servants are not private servants. Today, faith in our Constitution has been reaffirmed, our faith in the strength of democracy has been reaffirmed, because the highest court of the land has recognized the problems.” Malgovernance affects both the people and the quality of administration, he pointed out. Hailing the verdict, former Election Commission T S Krishnamurthy said, "Good governance is critical to good quality democracy. Most of us have seen in our career how most of the transfers, promotions, postings and foreign assignments, all of them are decided on whimsical basis very often." "We support the judgement. It vindicates our stand. It will help in good governance across the country," IAS officers' association secretary Sanjay R Bhoos Reddy said.

Former CBI Director Joginder Singh said, "I am happy over this judgement but having said that I am aware that similar judgement was passed by the Supreme Court on September 20, 2006 on fixed tenure of police officers but all states are dilly-dallying". "We support the judgement. It is a good judgement. It will check in arbitrary transfers and suspensions," said IFoS association's President A R Chadha.