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Parliament studies need for Administrative Tribunal for civil servants

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Parliament is looking into whether Bhutan needs an Administrative Tribunal for civil servants. No decision has been made yet. The National Assembly’s Good Governance Committee and Special Committee are researching the matter and reviewing the legal provisions. This was shared at the National Assembly’s press conference yesterday.

An Administrative Tribunal is an independent body that reviews and decides disputes arising from administrative decisions made by government authorities, including those of the Royal Civil Service Commission (RCSC). Currently, the RCSC serves as the highest appellate authority for civil-service administrative cases.

Deputy Speaker Sangay Khandu said the RCSC has told Parliament that it already has a Dispute Hearing Committee, which hears civil servants’ grievances. The Commission questions whether a tribunal is necessary and worries that it would only add more layers.

“The Constitution says that we may establish it and not that it shall be established,” the Deputy Speaker said.

He said that if Parliament establishes a tribunal, it will have a different structure from the existing committee. A tribunal would involve a third party, whereas the current committee consists only of commission members. The Deputy Speaker said this would give civil servants the chance of an independent review.

The Chairperson of the Good Governance Committee, Lhendup Wangdi, said the RCSC wrote to the Prime Minister in 2022 about a court order directing it to establish the tribunal. The Fifth Session of the Fourth Parliament also recommended establishing one.

The Good Governance Committee is examining Sections 21 and 26 of the Constitution. It will present the matter during the Sixth Session of the Fourth Parliament, together with the RCSC’s Action Taken Report.

The Chairperson of the Special Committee, Tshewang Rinzin, said the committee is conducting comprehensive research on civil servants and taking time to examine the issues and possible solutions. He said it will present its report during the next session.

Sonam Yuden

Edited by Tandin Phuntsho

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