Prime Minister Imran Khan early this week approved the Civil Servants (Efficiency and Discipline) Rules, 2020 with a view to ensuring transparent and effective internal accountability of civil servants and bringing efficiency in the process. The new rules include administrative features like elimination of the authorized tier leaving only two tiers - the authority and inquiry officer/committee - so as to expedite the accountability process and resolve the issue of decisions in relation to disciplinary proceedings at lower level by awarding minor penalties by the authorised officer, without seeking approval of the authority.
Significant is the fixation of timelines for every step of the proceedings, as earlier, in absence of time lines, the process lingered on for years. As per new rules, submission of response to charges is limited to 10-14 days, time for completion by enquiry committee/officer is fixed as 60 days, whereas, the authority has to conclude the case within 30 days.
To facilitate just decisions of the cases, an opportunity of personal hearing shall now be provided by the authority/hearing officer.
Also significant is that for the first time, plea bargain and voluntary return of embezzled money have been included in the definition of misconduct and such civil servants shall now be proceeded against. Earlier, such defaulters, after plea bargain, were absolved of any misconduct and returned back to service, often at their last postings, to continue ill practices all over again.
Civil service governance structure is one of the remaining legacies of the British rule of undivided India. Following Lord Macaulay's Report of the Select Committee of the British Parliament, the concept of a merit-based modern Civil Service in India was introduced in 1854. He successfully westernized education in India after winning debate against Orientalists. Upon partition, both Pakistan and India opted to retain civil service cadres. India, straight away, restructured the service in line with new realities and expectations.
Pakistan carried on with much of the British legacy with some minor off and on reforms, which too were reversed or ignored by the successive governments to suit their motives. Over the years, civil service cadre surrendered its once cherished and admired independence and loyalty to the state in favour of political expediency influenced by those in power.
The Civil Servants (Efficiency and Discipline) Rules, 2020 being rolled out by the incumbent government are commendable, but, its future sustainability is challenging. The past has shown, by and large, that successive governments took into consideration only civil servants' loyalty to political expediencies and will to accomplish it, largely ignoring merit, efficiency, discipline and accountability.
The civil service rules being rolled out by the incumbent government may have a chance to survive if they could be made into law by an act of parliament.
(The writer is former President Overseas Investors Chambers of Commerce and Industry)
Copyright Business Recorder, 2020