Press Release
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 Royal Civil Service 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;
•
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-Wa-Sum.
•
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 EX1-EX3/ES1-ES3 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 DrukGyalpo 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.
Royal Civil Service Commission
Date:
29th
December,
2014