RCSC not in a position to accept the surrendered secretaries
The Royal Civil Service Commission is not in a position to accept three secretaries surrendered by the Cabinet on the 12th of December 2014 following the breach of code of conduct by the committee of secretaries in handling the case of alleged corruption made by ENERTIA an Indian publication.
In the press release RCSC has said that in the matter of the “surrendering” of the Cabinet Secretary, Secretary of Ministry of Foreign Affairs and the Secretary of Ministry of Economic Affairs to the Royal Civil Service Commission, the Commission as per decision of the 18th Commission Meeting has conveyed to the Lhengye Zhungtshog that it is not in a position to accept the “surrendering” of the three Government Secretaries in view of the following legal provisions of the Constitution of the Kingdom of Bhutan, Civil Service Act of Bhutan 2010 and the Bhutan Civil Service Rules and Regulations 2012 . The provisions are as Chapter 1, Section 4 of the Civil Service Act of Bhutan 2010 (CSAB 2010) states that all civil servants shall function in accordance with CSAB 2010 and the Bhutan Civil Service Rules framed by the Royal Civil Service Commission , Chapter 1, Section 6 states that the purpose of CSAB 2010 shall be to establish an independent and apolitical Royal Civil Service Commission responsible to manage the Civil Service of the Kingdom of Bhutan and as per Section 6 (d) to establish a unified, apolitical and merit based Civil Service that is professional, efficient, effective, transparent and accountable in the service of the Tsa-WaSum, Chapter 4, Section 45 (k) of the CSAB 2010 states that a civil servant shall not be removed, demoted, terminated or administratively penalized without due administrative process.
As per Chapter 19, Section 19.2.6 of the BCSR 2012 the powers to impose any major penalty on executives level civil servant shall be exercised by the RCSC.
Further, as per Chapter 19, Section 19.2.7 of the BCSR 2012, the powers to impose both minor and major penalty on a Secretary to the Government, other officers of Secretary’s rank, and Head of the Autonomous Agency shall be exercised by the RCSC.
As defined in Civil Service Act of Bhutan 2010, Secretary to the Government refers to the head of the Cabinet Secretariat or the head of a Secretariat of a Ministry appointed by the Druk Gyalpo as per the provisions of the Constitution.
The above provisions uphold Article 26, Section 1 of the Constitution which states “There shall be a Royal Civil Service Commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner” and Article 26, Section 10 of the Constitution which states “The Royal Civil Service Commission shall function in accordance with the Civil Service Act of Bhutan”.
The Lhengye Zhungtshog has been advised to pursue the matter in accordance with the Civil Service Act of Bhutan 2010 and the Bhutan Civil Service Rules and Regulations 2012 and to submit it along with details/ evidences of the charges to the Commission. The three Secretaries in question will remain on authorized absence with benefits until the matter is resolved.
The government welcomes RCSC’s decision to keep the three secretaries on ‘authorized absence’ while it investigates the case.
The government is committed to cooperating with RCSC and will provide all required ‘detail evidence of charges to the Commission’ to ensure that RCSC is able to discharge its responsibilities and that the three secretaries on ‘authorized absence’ receive a quick and just hearing, in accordance with the provision of the laws.