No arrest without permission

Without permission from the government, a civil servant cannot be arrested for a criminal offence committed while on official duty, according to a draft bill likely to be placed before the cabinet today.

However, law enforcers would be able to arrest such a civil servant if the charge sheet in the case was accepted by a court, the draft said.

If the person commits a criminal offence on his or her own time, the law enforcers would be able to arrest a civil servant without permission and before a charge sheet was issued.

The proposed law will not be applicable for cases filed by the Anti-Corruption Commission.

The draft had been placed before the cabinet in July and the cabinet gave its approval in principle with some observations. The draft was then sent to the law ministry for vetting.

Several rights bodies and legal experts had then criticised the draft's provision for requiring permission to arrest government employees. They had said it went against the constitution.

According to the draft, if any criminal offence was committed by a civil servant whilst discharging duty, no court could take the case without the government's permission. No authority could arrest the civil servant either.

If such a staffer was convicted and sentenced to or under three years in prison, except in cases filed in connection with corruption and moral turpitude, the president's decision on keeping him or her in service would be final, the draft law said.

Any government service holder convicted and sentenced for over three years or sentenced in any term in a corruption and moral turpitude case would be fired instantly.

If an allegation of corruption was proved against any official, the government could sack or remove him or her but it cannot do it without filing a departmental case, said sources.

The proposed law has 16 chapters, which are regarding jurisdictions and control of the government, appointments, promotions and postings of civil servants, discipline and behaviour of public servants, criminal offences, retirement, and ensuring government service.

Sources said the draft recommended tests for promotion for civil servant and if any government official failed to pass in four consecutive attempts then the government could send the employee into forced retirement.

Civil servants would not be allowed to have any political affiliation.

In the case of postings and transfers of civil servants, the draft proposes that an official without five years' experience at the field level cannot be posted or transferred to the secretariat.

According to the draft, people holding constitutional posts, staff of the judiciary, Supreme Court employees, armed forces personnel, railway employees, employees of any temporary commission, employees of local government bodies, public university teachers and employees, and employees of development projects would be outside the purview of the proposed law.