The CIAA had recently issued a warning through the Office of Prime Minister and Council of Ministers and MoGA to all ministers and ministries not to transfer civil servants in contravention of provisions in the Civil Service Act.[break]
The Act doesn´t allow ministries to transfer government staff except during the months of Magh and Falgun (between mid-January and mid-March) every year. Ministries can transfer only civil servants who have been in a particular posting for more than two years.
Even after the CIAA´s warning not to transfer civil servants in contravention of the law, various ministers have been continuing with such transfers.
According to a source at MoGA, about six incumbent ministers took decisions to transfer government staff even after the CIAA warnings. The source said Minister for Physical Planning and Works Hridayesh Tripathi, Local Development Minister Top Bahadur Rayamaghi, Forest and Soil Conservation Minister Mohammad Wakil Musalman, Industry Minister Anil Jha and Health Minister Rajendra Mahato, among others, decided to transfer government staff, overriding CIAA instructions and legal provisions.
"They first decided to make the transfers and then sought our approval for their decisions," said the MoGA source, adding, "We flatly rejected their proposals, citing CIAA instructions and the Civil Service Act."
According to the source, the number of transferred government employees has now reached 445.
The ministers had transferred 200 plus civil servants before the CIAA intervention and took decisions to transfer another 200 plus even after that. MoGA, the ministry that has exclusive powers to approve or reject transfer decisions, had earlier given its nod to the decisions to transfer 200 plus employees.
"We, however, shelved demands for another 200 plus transfers made by some ministers," the source told Republica.
PM sought CIAA intervention
Meanwhile, a knowledgeable source told Republica that Prime Minister Dr Baburam Bhattaria had sought CIAA intervention over the ministers´ reckless trend of transferring government employees despite his repeated commitments to the contrary.
"The PM is absolutely satisfied with the CIAA intervention against transfer of government employees by his cabinet ministers," said the source, adding, "Indeed, he wanted CIAA intervention against ministerial decisions to transfer government staff. He was seeking such support from institutions like the CIAA and is now happy with the CIAA move."