The government had surrendered the economic affairs, foreign and cabinet Secretaries on December 12 to RCSC. The Prime Minister’s Office had said they had exceeded their mandates, breached rules and misused the Committee of Secretaries.
A press release from the RCSC says the Commission alone has the power to impose any major penalty on civil servants above the executive level of the civil service.
The Commission has quoted section 19.2.7 under Chapter 19 of the Bhutan Civil Service Rule, 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.”
According to the Civil Service Act 2010, says the release, a civil servant shall not be removed, demoted, terminated or administratively penalized without due administrative process.
RCSC has also invoked the Constitution.
“The Royal Civil Service Commission shall function in accordance with the Civil Service Act of Bhutan,” states Article 26, Section 1 of the Constitution
The press release says the three Secretaries in question will remain on authorized absence with benefits until the matter is resolved.
It says they have advised the cabinet to pursue the matter in accordance with the Civil Service Act of Bhutan 2010 and the Bhutan Civil Service Rules and Regulations 2012. They have also asked the cabinet to submit the details and evidences of the charges against the secretaries to the Commission.
On the other hand, the government says they welcome RCSC’s decision to keep the three secretaries on “authorized absence”, while it investigates the case.
The release says the government is committed to cooperating with RCSC and will provide all required details and evidences of charges to the commission to ensure that RCSC is able to discharge its responsibilities and that the three secretaries on “authorized absences” receive a quick and just hearing, in accordance with the provisions of the laws.
