Politicians, raise issue against public servants, what is the validity?
What is meant by elected representatives?
What is the position per se the Costitution of India, mother document like magnacarta of the people of India?
Art 311 and Art 312 protects the civil services.
What is the read of the Articles:
Article 311 in The Constitution Of India 1949
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final
312. All India Services
(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article
(3) The all India judicial service referred to in clause ( 1 ) shall not include any post inferior to that of a district judge as defined in article 236
(4) The law providing for the creation of the all India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368
To summarize, values and ethics of civil service has imperative role in healthy public administration of country. Values are important in giving yardsticks and prescribing how goals must be accomplished. Moses Sindane designated that there is a need to establish appropriate infrastructure, institutions, and framework to promote values and ethics in public administration.
But, it is realized by many experts that there are numerous problems and unethical behaviour in public services.
He stated that Public values and ethics are meaningless in public administration if these are not implemented, enforced, coordinated and integrated in public services (Professor Michiel S, 2007).
Many experts have realized that Ethics is gaining importance in the discourse about governance presently.
It is observed that standards in public life are in decline. More particularly among politicians, If boss is corrupt, obviously servants too is normal.
Indian politics is bad to worse. If Ms .Mayawati claims right on the Atrocities Act, what is credibilty of that Act?
People need to question. Similarly so called Creamy Layers get reservations in elections where is the reservation applicabilty to poor people in the very SC, ST, Backward etc communities. What is happening to econi\omically wesker sections? Where is the meaning of the Art 14 of the Indian constitution?
This raises concern about the costs of misconduct on the part of those who have been entrusted with guarding public interest and resources. It is like if very fense eats the crops, that is what very politician of today is, Public servants joins that politician he is called ‘efficient’ ; then he is promoted.
Recently in Maharashtra DNA newspaper investigated how in Nanded, in Marathwada, how the ST reservations in civil services usurped the ST reservation, thanks to political patronage speaks volumes about so called politicians of every political party. Thos was going on since 1976, almost in every state is revealed.
Maharashtra CM as chairman of Tribal Advisory Committe suggested to pardon lakh of so called caste usurped civil servants in Maharashtra, and perpetrate the same, but the Aurangabad Bench of Bombay high court firmly stayed the committee idea , it asked the government, ‘if you want to protect such tainted poliricians ans such kind of caste usured civil servats, better pass an Act of your legislature’, Government just kept quiet , obviously because if it passed such an Act, obviously the so called Act would be would be declared ultra vires constitution and quashed, by the very bench or the high court under Art 226 r/w Art 227 at high court level , why Supreme curt would confirm the high court quashing such Act, besides arresting the politicians and the so called ‘caste usuped’ civil servants her in Maharashtra so every high court would pass similar order and law of crimes would get activated on these kind of worthies. Ethics and Morals cannot be taken for granted by any one whatever level one is is obvious virtue of any democratic government.
If worse is to happen it would replicate the French Revolution spear headed by Robertspierre Maxximillian. He really handled all executions of the Louis XIV of France along with his cohorts about 700 persons in number, including the Queen, due to callous administration then; that kind is possible in 21st century too, if care falls flat. So there is must for Morals and Ethics,
True every one born must die one day or the other; but these kinds of activities would hasten their end by people riots or some such things is obvious.
It is necessary that public servants must be aware of the basic principles and standards they are expected to apply to their work and where the boundaries of acceptable behaviour lie.
A succinct, well-publicised statement of core ethical standards and principles that guide public service in the form of a code of conduct, can accomplish this by creating a shared understanding across government and within the broader community.
So one needs to be prudent.
Upright officers only will survive so aso upright politicians, not Siddaramaiha, Mayavatis, Mulyam Singhs or Akhilesh, and like such clan in india.
It is great warning to corrupt men.(ends)
