Political neutrality must for Civil Servants, reiterates Apex Court.
While deciding on a petition seeking a ‘cooling off’ period for civil servants post resignation or retirement from service, the Supreme Court in Vivek Krishna vs Union of India refused to entertain the plea. It was observed whether or not a ‘cooling off’ period should be there for any class of government servants is a matter of legislation and it should be kept that way.
The petitioner appearing in person contended that there are allegations of bureaucrats deviating from strict norms of political neutrality with a view to obtaining party tickets to contest elections but the Court rejected his plea outrightly and remarked that “Nobody has the fundamental right to get a mandatory order of this Court directing the appropriate Legislature to enact law or the Executive to frame rules imposing restrictions on the eligibility of civil servant to contest elections..."It is not for this Court to decide whether or not there should be any rules/guidelines for a bureaucrat to contest elections. It is for the appropriate authorities to take a decision in this matter."
It was also observed that allegations on civil servants deviating from their line of duty are absolutely baseless and not supported by any evidence, document, stats or report. On mere allegations or presumptions alone, the Court cannot be forced to admit this petition. Also, it was observed that the Judiciary cannot be forced to command the Legislature. The matter in question is a policy decision and it is for the Union of India and the Election Commission to decide the procedure of joining a political party and obtaining a ticket.
However, the Court clearly remarked that despite everything observed above, integrity, impartiality, neutrality, transparency and honesty are non-negotiable. It further said that “There can be no doubt that civil servants should maintain the highest ethical standards of integrity and honesty; political neutrality; fairness and impartiality in the discharge of duties, courtesy, accountability and transparency. Integrity, impartiality, neutrality, transparency and honesty are non-negotiable. Ethical standards necessarily have to be enforced and stringent action taken against the concerned officer whenever there is any breach of ethical standards as laid down in the All India Services (Conduct) Rules, 1968.”