A new debate has started on the government employment law. The law was finalized after almost 10 years of friction during the previous Awami League government. At that time the law was enacted ignoring the criticism of TIB (Transparency International Bangladesh) and the media.
It has been alleged that the employees of the Republic have been given opportunities for corruption in various ways. Sections 41 and 42 of the Act are particularly controversial. It has a provision that a public servant cannot be fired even if he is punished for less than one year or if he commits corruption of thousands of rupees.
Experts say that the law should be amended again. Because it will encourage rather than prevent corruption. Which is a big obstacle in forming a corruption free administration. The Public Service Act 2018 repealed the Government Servants (Discipline and Appeal) Rules, 1985.
If asked, the senior secretary of the Ministry of Public Administration. Md. Mokhles ur Rahman did not comment. However, public administration expert Mohammad Feroz Mia told Jugantar that the government employment law was enacted to stop irregularities, corruption and arbitrariness. But this law has several weaknesses. Correcting these weaknesses is the demand of time. Otherwise the purpose of enacting the Act would be defeated. Taking advantage of the weakness, in the future as in the past, the employees will corrupt thousands of rupees. It will not take their jobs. He commented that the two sections help corruption.
According to Section 41 of the Public Service Act, prior permission of the Government is required to arrest an employee before the charge sheet is accepted in the court in a criminal case related to performance of duties. Regarding the weakness of this section, public administration expert Mohammad Feroz Mia told Jugantar that there are no complaints against the employees regarding the performance of duties.
He gave an example, saying that policemen often exaggerate while arresting the accused or there are allegations of wrong treatment against doctors, besides some incidents happen during eviction from government land, houses, establishments, which are related to duty. Apart from these three areas, there are not many complaints related to performance of duties. In these cases, the criminal law states that in order to file a case against the concerned employee, the prior permission of the government should be taken.
He said that employees in the country are taking bribes while working, many employees are fighting with service seekers while working. But the law says that in case of such crimes and corruption, they have to take the prior permission of the government before arresting them. Many of the dishonest employees of the Anti-Corruption Commission (ACC) have been caught with bribe money. However, the Government Employment Act states that the prior permission of the government should be taken to arrest him.
Section 42 of the Public Service Act states that if a public servant is sentenced to death or imprisonment for a term exceeding one year in a criminal case, he shall be immediately dismissed from service from the date of the judgment or order imposing the sentence.
Section 42(2) of the Act provides that, in a criminal case, an employee shall be punished with imprisonment for a term not exceeding one year or with fine or with both, reprimand, suspension of promotion and increment for a specified period, reduction to a lower post or lower scale of pay and imposition of compensation. will go He will have a job.
Regarding the weaknesses of this section, Feroze Mia told Jugantar that due to this provision of the law, if he is punished for up to one year, he will be able to get out of jail and join the job again. Reprimanded but retained his job, withheld from promotion but retained his employment, demoted to a lower scale but retained his employment, and fined from him yet retained his employment—these are antithetical to the rule of law. He also said, why would the government hire a briber?
He also said that the Government Servants (Disciplinary and Appeal) Rules of 1985 stated that an employee can be dismissed for any offense punishable by death, imprisonment exceeding one year, fine exceeding ten thousand rupees. The Public Service Act 2018 repealed the Government Servants (Discipline and Appeal) Rules, 1985.
Feroze Mia also said, suppose someone is accused of accepting a bribe of 500 taka, nothing will happen to him under the current law. In light of the provisions of the Disciplinary and Appeal Rules, 1985, he is not supposed to be employed.
Firoz Mia gave an example saying that a person who is intoxicated is not punished for more than one year. According to the current law, he will retain his job even after serving a year in jail. A teacher of a school, college or madrasa molested girls or female colleagues and was jailed for 6 months. In that case his job will not go. Because the employment law says that if he is not jailed for more than one year, he will not be employed. What is the atmosphere like if that teacher comes back to teach after serving time in jail for the crime of molesting girls?
Feroze Mia said, does an official come back after serving a year in jail after being accused in a case of bribery, does he have the moral ability to take responsibility. Can an officer of the law and order force after serving a year in jail in a bribery case investigate any case again? But the law says that if he is punished up to one year, he cannot be fired.
Feroze Mia said, under the ACC Act, an employee can be jailed for three years and fined five lakh taka. Later he filed an appeal and the appellate court sentenced him to 6 months imprisonment and a fine of Tk 40 lakh. In this situation, he got back his government job. Because the government employment law says, if he is jailed for less than one year, he will not lose his job. Feroze Mia also said that under Section 42 of the Public Service Act, even if the fine is thousands of rupees, he will not lose his job. The government can only collect fines. But the job will remain.
