Civil Servants not to act upon the oral orders/instructions of administrative superiors or political executive: Supreme Court: With the intent to preserve integrity, fearlessness and independence of civil servants at the Centre and State levels in the country, the Court directed the Centre and State Governments and the Union Territories to constitute a Civil Service Board (CSB) to guide and advise the Government on all service matters, especially on transfers, postings and disciplinary action, etc. The Court, however, held that the views of CSB could be overruled by the political executive, but by recording reasons, which would ensure good governance, transparency and accountability in governmental functions. Taking note of the repeated shuffling/transfer of the officers, the 2-judge bench of Hon’ble K.S. Radhakrishnan and Pinaki Chandra Ghose, JJ directed the Government to issue appropriate directions to secure providing of minimum tenure of service to various civil servants. Holding that recording of instructions, directions is necessary for fixing responsibility and ensure accountability in the functioning of civil servants and to uphold institutional integrity, the Court said that civil servants cannot function on the basis of verbal or oral instructions, orders, suggestions, proposals, etc. and they must also be protected against wrongful and arbitrary pressure exerted by the administrative superiors, political executive, business and other vested interests. Stating that the practice of giving oral directions/instructions by the administrative superiors, political executive etc. gives room for favoritism and corruption, it was held that the continuance of such practice would defeat the object and purpose of Right to Information Act, 2005. [T.S.R. Subramanian v. UOI, Writ Petition (Civil) No.82 of 2011, decided on October 31, 2013]
Posted on: Sun, 10 Nov 2013 06:20:15 +0000