Day 46 – Q 5.What are your views on the provisions of compulsory retirements for civil servants under 56J? Don’t you think such provisions affect the morale of bureaucracy? Critically comment.

5. What are your views on the provisions of compulsory retirements for civil servants under 56J? Don’t you think such provisions affect the morale of bureaucracy? Critically comment. 

56 जे के तहत सिविल सेवकों के लिए अनिवार्य सेवानिवृत्ति के प्रावधानों पर आपके विचार क्या हैं? क्या आपको नहीं लगता कि इस तरह के प्रावधान नौकरशाही के मनोबल को प्रभावित करते हैं? समालोचनात्मक टिप्पणी करें।

Introduction:

According to Rule 56J of fundamental rules for civil services, the government shall have absolute right to retire any government servant (in public interest). Though this provision existed, but still the usage was minimal. However, the present government has evoked 56J to retire many civil servants has sparked off a debate.

Body 

Views

• For better administration, it is necessary to remove government servant who promotes the culture of corruption and unethical practices.
• Such moves would ensure efficient and effective work by other civil servant who is more vulnerable to corruption.
• This provision is not treated as punishment under Article 31 of Indian constitution (Supreme Court in Umedbhai Patel Vs. State of Gujarat 2003 case upheld this).
• Still there are doubts raised with regards to forced retirement (Especially political motives).
• Such uncertainty of tenure leads to fear and instability by public servants.
• When Honest officers are wrongfully punished, this leads to inefficiency and demotivation for others in the department.

Morale refers to state of mind and emotions, effecting the attitude and willingness to work. 56J Affecting morale of bureaucracy:

• The young officers watching, his senior officials get terminated, might lack will to effectively implement schemes.
• Bureaucrat might not be able to take a strong stand for any issue.
• Would blindly support every decision of the government of the day, thereby compromising on foundational values of civil services.
• The one who is intended to replace the previous officer, knows what is expected out of him, thereby he just acts as a remote controller.

However, this can in turn restrict corrupt practices and cause fear for those who resort to unfair means. This will be promote the foundational values such as integrity, impartiality etc in the organization.

Conclusion

There exists a need for setting up standards of Service records, this will ensure only honest officers are promoted to senior levels. Civil servants are lifelines of a healthy democratic society and play a major role in good governance.