Tuesday, August 2, 2016

Bangladesh Civil Service Act: Special focus on inconsistency of promotion rule (impact of politics and Tadbir in case of Promoting civil servants)



Introduction:Bangladesh needs a cadre service of high quality and integrity for mobilizing and utilizing  its domestic resources(Kim and Monem, 2008:2). In Bangladesh, thousands of civil servants are recruited In various cadres almost every year. The quality of cadreservice is very much dependent  on the quality of individuals recruited. Here lies the importance of recruiting the best  and the brightest candidates for cadre service who can make the bureaucracy an efficient, innovative, dynamic and powerful force to respond to the needs of the society. In Bangladesh, Cadre service was first officially recognized in 1981 by formulating the Bangladesh Civil Service Recruitment Rules (Wahhab,2009:4). At present there are 28 cadres in Bangladesh Civil Service  and these are divided into two board categories, general  cadres and Professionals or Technical  cadres. This Paper attempts to make an overview on The basic provisions of civil service act  and special focus on the problems in human resource management promotion procedure. Secondly, it provides a description on different irregularities in promotion policy . Lastly it suggests recommendations and presents the conclusion of the study.


Objectives of the Study:
The study has some specific objectives. These are given below
1)To identify the loopholes between Civil Service Promotion Act and actual Promotion practice.
2)To identify possible measures to mitigate this unfair practice in case of promotion.
Research Question:
To conduct the study it needs some research questions. These questions are:
1) What is Human Resource Management in Bangladesh Civil Service?
2) What is the legal framework of Bangladesh Civil Service?
3)What is the actual promotion policy in Bangladesh Civil Service?
4) Who are the key players in case of promoting civil servants?
5)What types of unfair practice are done in case of promotion?

Problem Statement:Bangladesh Civil Service is a direct lineal descendants of Indian civil service and civil service system of Pakistan. Bangladesh civil service act encompasses all the procedures of recruiting, promoting as well as training of civil servants. There are many inconsistency in Civil Service Act. It creates following problems:
ü  There are some contradiction between act and real Promotion practice
ü  Leading political party’s leaders influence the promotion policy.
ü  Powerful and permanent secretaries also influence the promotion mechanism of civil servants.
Scopes and Limitation of the Study:This study paper includes both scope and limitations.
Scopes:
·         Information is available in the websites.
·         A huge number of scholars conducted study on this topic
Limitations of the study:
v  Limitation of time
v  Limitation of financial resources
v  Unable to Contact with renowned experts on this issue.
Literature Review:There are many articles are available in the internet on theoretical problems of Public Administration of Bangladesh. I also found article on Bangladesh Civil Service Act.One of the articles of Dr. FerdousJahan, professor of Public Administration department also available in the internet and the article title “Public Administration of Bangladesh”.
Methodology of the study:
Type of the Research:The research will be a qualitative one.
Data Collection Method:The research is based on secondary data. Data will be collected from
·         Internet
·         Extranet
·         Newspapers and
·         Various journals and articles.
Legal framework:
Findings of the study:The major findings of the study are given below:
Human Resource Management:Human resource management (HR) is a function in organizations designed to maximize employee performance in service of their employer’s strategic objectives. HR is primarily concerned with how people are managed within organizations, focusing on policies and systems. HR departments and units in organizations are typically responsible for a number of activities, including employee recruitment, training, performanceappraisal and rewarding.
Cadre Service:Some class 1 officers of Bangladesh Civil Service belong to the cadre service. Cadre service means the organizations of civil servants in well-defined groups, services of cadre’s. Cadre services are constituted under the specific laws having a clear structure with a number of hierarchical positions. Cadre services have specific recruitment and promotion rules and the employees recruited by PSC through BCS examination. In contrast, non-cadre services are mostly based on posts and positions having no definite structure of mobility either horizontally or vertically.
Human Resource Management in Bangladesh Cadre Service:
Human resource management is the process of efficiently achieving organizational objectives with and through people. Human resource management of BCS therefore certain issues that must be responsible to changing the condition. They are- recruitment and selection; placement; training and development; promotion and performance appraisal; compensations and inducements; transferring and rewarding; career planning of cadre service.
Regulatory Framework of Bangladesh Cadre Service:
The Constitution of Bangladesh never uses the term civil service or civil servant (Ali:2004,P45). Article 21(2) of the constitution has laid down that “Every person in the service of the Republic has a duty to strive at all times to serve the people”. The appointment, conditions of the service, tenure of office, dismissal and reorganization of service has been stipulated in articles 133, 134, 135, 136 and 152 of the constitution. The following are the basic acts and provisions and rules relating to public servants:
Bangladesh Civil Service (Recruitment) Rules 1981:In this rules, the procedure for recruitment, appointment by direct recruitment, appointment by promotion, duration for probation period, confirmation has been stipulated.
The Government Servants (Discipline And Appeal) Rules 1985:Under this rules, the grounds for penalty provisions for punishment, procedures for inquiries’, provisions for suspension, procedures for appeal, review and revision etc have been stipulated.
BCS Officers Promotions Rules 2002:Under this rules, the minimum qualifying service for different posts, selection based on 100 marks (25% marks for educational background, 55%marks for ACR, and 20 marks for having no discipline case) was introduced.
However it has to be noted as of date there is no comprehensive Civil Service act in Bangladesh to regulate the overall performance management of the civil servants. The article 133 of the constitution clearly spelt out that the Public Administration would be run as per a law passed by the parliament but no such law has been enacted since the country’s independence although consecutive governments have introduced rules as adhoc measures for political gain.
Promotion in Bangladesh Civil Service:
According to the Civil Service Rules 1981, there are four authorities for promotion cases, deciding depending on the level of the officials, namely-
·         Public Service Commission
·         Departmental Promotion Committee
·         Superior Selection Board
·         Council Committee on Promotion
The present promotion rule was approved by the president in 2002 and it was later published in an official gazette. For some inexplicable reasons the gazette notification of the promotion rule remained “Inaccessible and confidential” to the subjects concerned.
President Quota:The Governments in the past also used he “President Quota” to promote someone who fails to get the minimum point of 85 for getting promotion to JS position. It is alleged that this quota is being used to accommodate “preferred”, “most influential” and “politically important” candidates. This nullifies the original purpose of the president quota of inducting brilliant candidates from outside the civil service through the lateral entry.
The Breakup of the 100 points for promotion:
Points
Area
50 points
Annual Confidential Report
25 points
Academic Performance
25 points
Disciplinary Reports

It is mandatory that each candidate for promotion get at least 15 points for academic performance to be considered for promotion regardless of aggregate score.
The Earlier promotion rule was based on seniority while the current rule incorporated seniority, ACR, discipline and academic achievement. The current system for promotion stipulates that officers have to get a minimum score out of a total of 100 marks in order to qualify for the next higher post of deputy Secretary. The Deputy Secretaries have to get a minimum score of 45 out of total of 100 in order for the next position.
Tadbir is a tradition of highly personal lobbying designed to secure individuals benefits. It is manifested in the process of particularistic politics designed to individual rather than collective policy and regulatory benefits (Kochanek,1993:251).
Influence of Tadbir is all pervasive in civil service in case of promoting officials. For example
Influence of Tadbir for promoting officials:
Objectives
Rank
Promotion is made ,cancelled on account of tadbir
1
Officers are also promoted on the basis of requisition made by Ministers and Secretaries
2
Political leaders basically influenced the promotion policy
  3
Ministry promoted officials on the basis on established policy
4

Powerful Persons Who Influence The Promotion Policy:
·         Members of political party in power.           
·         Powerful Secretaries.
·         Permanent Secretaries.
·         Relatives serving in the ministry in higher positions.
·         Senior colleagues from locality
Mass promotion in Bureaucracy: “Mass promotion in bureaucracy” 873 officials promoted to already heavily loaded civil bureaucracy”.
Real promotion Scenario of Civil Bureaucracy
Designation
Number of Post
Previous Number
Newly Recruited
Additional Secretary
107
226
231
Joint Secretary
430
867
299
Deputy Secretary
830
1280
343
(The Daily Star, 7 April, 2015)
So from the above figure we can realize that promotion is made to satisfy the civil servants who are loyal to the governments.
Negative outcome of influencing the promotion policy of civil Servants:
1) Politicization of Bureaucracy.
2) Use of unfair means to get promotion
3) Breaking Down of existing promotion rule
4) Use of corrupt practice in getting promotion
5) Less attention on developing one’s performance
6) after all, breakdown of moral and ethical ground of civil servants.

Recommendations:
ü  Civil service management should be conducted on the basis of rules, regulations and neutrality.
ü  Political accountability of civil service should be  strengthened.
ü  Civil service has to be responsible only for implementation rather involving itself in the policy formulation process.
ü  Promotion should be made on the basis of competencies .
ü  The existing ACR system should immediately be replaced by performance Based Evaluation System (PBES).
ü  The Civil Service should be apolitical, performing its functions in an impartial and professional manner without political fear or pressure.
ü  A clearly spelled out Civil Service Act should be the cardinal legal means for the organization, management and development of civil service.

Conclusion: To function properly government needs to maintain an able and efficient workforce. To do so the government must ensure that civil service remains an attractive career choice. The recruitment process and civil service salaries diminish the competitiveness of a public service career relative to employment in the private sector or NGOs sectors. The public sector does offer more job security and more favorable pension benefits than the private sector, but these are not sufficient to close the current salary gap. Some politicization of the civil service is unavoidable and even desirable; but beyond this desirable level politicization can easily undermine the reputation and effectiveness of the administrative institution of the state. As a result many brightest candidates are now less likely to pursue civil service careers and the status of the BCS has eroded. If the recruitment and selection are administratively competent, politically neutral and imbibed with the spirit of service we can make the bureaucracy an efficient, dynamic and powerful force for better governance in the country.


References:
Jahan, F (2006), Public Administration in Bangladesh, Working paper-1, Centr for Governance Studies, Dhaka: BRAC University.

Ali, A.M.M. shawat (2007), Civil Service Management in Bangladesh: An Agenda for policy Reform. Dhaka: UPL

Wahhab, M.A (2009) ‘Civil Service Recruitment Policy in Bangladesh’ paper submitted for NAPSIPAG International Conference, held on 11-13 December, 2009, Malaysia.

Dr. A.M.M. Shawkat Ali, Field Administration and clustering file/ Field Administrative Reform, Report prepared for Asian Development Bank, November 20, 2013.

The official website of Ministry of Public Administration: http://www.mopa.gov.bd/


Ali, A.M.M.S (2004), Bangladesh Civil Service: A political-Administrative Perspective. University Press Limited: Dhaka.

 http://www.the.prothom-alo.com


http://www the daily star.net

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