JOIN USGovt proposes fixed tenure for CS, DGPs
Top sources in the Prime Minsiter’s Office (PMO) told Deccan Herald here on Monday that the proposal for a two-year term for chief secretaries and DGPs was under the serious condition of the political leadership.
When the first UPA government assumed power in 2004, one of the most crucial decisions on the bureaucracy it took was to give a fixed two-year term to four top bureaucrats involved with national security policy-making. These included the Union Home Secretary, the Defence Secretary, the Director, Intelligence Bureau, Secretary, Research and Analysis Wing.
At that time, Fundamental Rule No 56 was amended to allow the four designated officers “an extension of service beyond the age of superannuation for enabling them to complete the tenure of two years.”
The tenures of the Cabinet Secretary and the Central Bureau of Investigation Director were fixed for a two-year period by the BJP-led NDA government. PMO sources said that the Centre was in touch with all the state governments on the issue of giving an assured two-year term – beyond the date of superannuation – to all chief secretaries and DGPs. “Policy-makers at various levels are discussing the issue,” the sources said.
Besides, these two categories of officers, the post of Principal Conservator of Forests in the states is also likely to be considered for fixed tenureship.
Stability
“The idea behind fixing a minimum tenure in the states is to give a sense of stability to the occupants of these posts and for them to have less fear of any authority. It enable them to be more objective in their functioning in order to maintain continuity and momentum in the implementation of various key programmes initiated by the state governments,” a senior official said. This move will put an end to arbitrary political transfers of bureaucrats by the state governments.
The practice of fixed tenure at the top level of the bureaucracy was made a norm by the UPA government in 2005 by an amendment to the Civil Service Rules. Accordingly, a decision was taken to extend the service of the Home Secretary, Defence Secretary, and the heads of the two intelligence agencies, IB and R&AW. There was a proposal to include the Finance Secretary as well, but it was turned down because the structure of the Finance Ministry was such that there was no case for a fixed term. The Supreme Court had earlier enjoined a two-year term for the CBI Director.
Current Cabinet Secretary K M Chandrashekar is luckier than his predecessors since in addition to the two-year tenure he was last week given another year's extension of service a fortnight before he was due to retire. The 1970 Kerala cadre IAS office will now retire on June 13, 2010. Union Home Secretary Madhukar Gupta was given an extension of three months in March, 2009, so that he would continue until after the new government stepped in. This was over and above the two-year fixed term. Gupta will now retire on June 30.
The Centre is also mulling over the proposal to appoint a tribunal or appellate authority to allow senior officials to move the body to seek redressal to grievances relating to harassment and unjustified punishment by any ruling party government.
At present, if an officer refuses Central deputation, he will not be considered for any position in the central government for a period of three years. Under such circumstances, the aggrieved official could move the proposed tribunal.
The new body would be created by amending Article 311 of the Constitution which deals with ''Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State''. The amendment will have to be approved by Parliament. Sources said the government hopes to introduce and pass a Bill in the forthcoming budget session. In this context, an official said the functions of the proposed tribunal will not overlap those of the Central Appellate Tribunal.
DH News Service