About administrative action

The second issue in “Administrative action” asked if prime minister had the authority to issue “… directives to the home ministry, the judiciary and the police to take appropriate actions against the senior dzongkhag officials.”

Again, several of you felt that, as head of the government, the prime minister does have this authority. And again I refer to the laws of the land.

Chapter 19 of the BCSR is dedicated to administrative discipline in the civil service. And in its pages are contained procedures for the identification, investigation and adjudication of offenses by civil servants, all powers for which are vested in the RCSC. According to Chapter 19, Section 2.2.1 of the BCSR:

The RCSC shall enforce all rules & regulations and laws governing the discipline of a civil servant.

Section 2.5 of the same chapter goes on to state that:

The powers to impose both minor and major penalty on the Secretary and Head of the Autonomous Agency shall be exercised by the RCSC.

And, as noted in the previous post and defined in the BCSR, agencies include dzongkhags.

If civil servants transgress, they must be punished. But, for better or for worse, existing rules dictate that RCSC should levy the punishment. Not the home ministry. And not the prime minister.

And what of the judiciary? If judges misbehave, they too must be bought to account. And, in their case, in accordance with the Judicial Services Act. But can the prime minister “direct” the judiciary to take action against a senior judge? Absolutely not. Not if the judiciary is independent of the executive.