Sc's landmark judgement that bureaucrats should not act on the oral instructions of netas or ministers, except under special circumstances would act as a safe guard of the bureaucrats because if the action taken by them on the basis of oral orders is questioned in future the minister concerned might wash off his/her hand and lay all blame on the executive officers who has on the other hand no written document to defend himself.However, under extraordinary situation which demands immediate action to tackle a situation waiting for written order might prove self defeating and in that case the executive should ask for a written instruction later on from his boss for his own safety.However,sometimes officers misguide the ministers,In that case a written record of the concerned officer's opinion in certain matter must be kept.
Officers are now transferred at the drop of a hat in our state.Recently, Durga sakti Nag Pal was suspended in UP and reinstated after country wide furor against this punitive measure. It's a common practice to transfer officers when they incur the displeasure of their political bosses for their dissension in some matter.SC's mandated that an officer has to be allowed to work for a minimum tenure and can't be transferred according to the sweet will of a neta or minister during this period.. . However, SC has not mentioned the quantum of minimum tenure.
SC has suggested to form CIvil Service Board(CSB) for monitoring transfer and offer of reward or punishment to the officer as well.Now the opportunity is there for the govt to influence CSB in its favour.Again,if an officer happens to be dishonest and insincere or incompetent and if he can't be transferred or removed in the 'period of minimum stay' then administration will suffer.These issues need be resolved.
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