RCSC not in a po­si­tion to ac­cept the sur­ren­dered sec­re­taries

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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.

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