‘Bureaucrats must not be removed without inquiry’

By: Mahesh Zagade
The architects of our Constitution included provisions like Article 311 to shield the bureaucracy from undue political and unconstitutional pressures.
The provision in Article 311 is clear__ civil servants shall not be removed without an inquiry. This is sufficient to act as per the provisions of the Constitution, laws and the larger public good and not bow down to the illegal machinations of anyone.
However, the bureaucratic culture has taken a perennial nosedive towards being subservient to the fear of transfer, the greed to garner “important” posts and post-retirement assignments.
Had the bureaucracy acted monolithically to uphold the Constitution and the law, matters would have been pretty difficult for the unscrupulous elements to create the atmosphere that exists today.
Many committees and commissions have made recommendations to stem the rot. There are plenty of judicial pronouncements supporting and strengthening the functioning of the bureaucracy without fear or favour.
Some politicians transfer officials to suit their own agenda or subjugate opposition or indulge in activities harmful to society. It has the potential to threaten the existence of a healthy democracy.
This sordid state of affairs of unfettered power to the political leadership to transfer any official without rhyme or reason or to bring in pliable or officials of dubious background had irked 83 senior retired officers led by former cabinet secretary, chief election commissioners, director of CBI, high commissioners, IAS, IPS, IFS and IRS officers.
To address this problem and to strengthen the democratic system, they filed a writ petition in Supreme Court in 2011. The landmark judgment in 2013 has empowered the bureaucracy to guard itself from undue political influence in transfers.
The Supreme Court through this judgment has given just three directions_ that all directions issued by superiors, political or administrative authority should only be written instructions, to provide a fixed tenure for bureaucrats, and governments were directed to constitute three-member Civil Services Boards comprising the cabinet secretary or chief secretary and other two seniormost officials for the postings and transfers of All India Service officials like IAS, IPS and others at the apex levels at the Centre and the State government, respectively.
After spending 34 years in public service, I feel there can’t be any better judgment to cleanse the vitiated administrative atmosphere in the country.
The CSBs are mandated to identify a panel of capable, eligible experienced officers suitable for a particular post and submit the list to higher authorities for the final decision and political heads to select one from the list. If they differed, they had to record the reasons and direct the CSB to submit a fresh proposal.
The implication of this judgment is humongous __no officer could be transferred before completion of tenure and in case of any injustice, only after conclusive proof through an inquiry.
I believe there cannot be better empowerment for transparent and accountable administration if this judgment is implemented in letter and spirit.
However, the senior bureaucratic leadership has failed miserably in its implementation thereby depriving the people the benefits of good governance.
(The writer is a former principal secretary to the state government)