Rethinking post-retirement laws of public officials to combat corruption

Illustration: TBS

Hardly a week goes by without a fresh stain of corruption tarnishing the halls of bureaucracy, leaving us to wonder if there are any bureaucratic institutions we can trust anymore. In addition, the growing trend of bureaucrats pursuing political ambitions after retirement has raised concerns about the integrity of pre-retirement decisions and actions. Such allegations of corruption among public officials and their tendency to join politics after retirement not only evidence loss of public trust but also questions the inefficiency of these institutions. 

The pursuit of personal gain and political favours while holding public office cripples the impartiality of the bureaucratic system, an essential pillar for a nation's smooth functioning. 

Nevertheless, if we look back in the history of constitution-making of Bangladesh, it can be observed that the members of the Constituent Assembly took far-reaching steps to dispel the interdependence of the bureaucrats which is evidenced in creation of a 'Public Service Commission' and equipping the head of this commission with the status of a Supreme Court judge, which was very rare back then in the entire Indian subcontinent. The members of the constituent assembly believed that the election commission and public service commission were given equal status and power to operate independently and impartially.

On the contrary, lately many bureaucrats after their retirement immediately joined the ruling party and have been actively seeking nominations. Furthermore, there are allegations that many top bureaucrats have also been seen making direct and indirect political statements while in service. Such instances have greatly shaken the confidence of the common man in the independence of the bureaucracy and further created doubts in their mind regarding their various pre-retirement decisions and actions. 

Service men after retirement experiencing the political rewards, they have been harbouring, have been a common practice in almost every term and in every government. Continuance of such practice has led to lack faith in the bureaucratic infrastructure of the nation. 

Bureaucrats can have political aspirations in their private thoughts; however, democracy will be at peril when they harbour political rewards, and followed by which, engage in abuse of that fiduciary position. It opens the door for the incumbent regimes to work in close association with the government officials to participate in corruption for personal gains.  

The recent alleged corruption of many public officials has unleashed a maelstrom of criticism. The ongoing crises and the loss of public trust can only be recuperated by means of reform in the law that would monitor the pre-retirement and post-retirement activities of the public officials. It must be ensured that there remain no opportunities for a post-retirement favour in exchange for a pre-retirement decision and actions. The new law should address and formulate guidelines for both the commercial employment and political engagement upon retirement.

Rule 402A of the Bangladesh Service Rules talks about commercial employment after retirement. As per this rule, a pensioner is not allowed to accept any commercial employment within two years after the retirement unless he/she obtains the permission of the President. The definition of commercial employment is not limited to being an employee, it has been extended to having a partnership and directorship in the business too. The feasibility and enforcement of such a provision has been subject to inefficiency. 

Instead of imposing a broad range of commercial employment restrictions, it would be more efficient to limit the post-retirement employment options of public administration officials who have exercised significant powers on behalf of the government towards private companies during their service. Specifically, such officials should not be allowed to take up commercial employment with the same companies during the cooling period following their departure from public administration. This targeted approach would help to maintain the integrity and impartiality of government decision-making processes while also ensuring that officials are not unfairly restricted from pursuing new career opportunities.

Although there are guidelines regarding post-retirement commercial employment, there are no such directions that need to be followed by a public servant to accept any political appointment after retirement. Absence of such post-retirement legal framework opens the door for a public official to not only have political aspirations but also political ambitions, being in the position, even if it costs abuse of that position. If a public official harbours political rewards while being in service, it can be presumed that most of his pre-retirement decisions will align to his post-retirement political ambitions.

In our neighbouring country, India, a sitting judge of the high court joined the ruling party within 48 hours of his resignation, and he further iterated that he was in touch with the political party while in service. A lot of his judgement has been subject to controversy. Before such disparaging practices become a common parlance in our country, it is imperative to have a legal framework that prohibits such unfortunate instances. 

Considering this situation, Bangladesh Service Rules or Public Service Commission Act 2023 may offer limitations on accepting post-retirement political appointments by enacting provisions which ensures a 'cooling off' period. The cooling-off period should start from the date of termination and last till the term of the existing government ends and a new election takes place. During these years, no individual as discussed in the given context shall be allowed to accept any sort of political appointments. Such an approach will prevent the officials in service from harbouring political rewards, which in the long run will discourage them from being dictated to by the political parties. Such an approach has the potential to encourage impartiality in the fiduciary positions. 

Abusing one's office for personal gain, often through hidden channels, has additionally become worryingly prevalent.  Corrupt officials frequently mask ill-gotten wealth through spouses and children. To effectively address this, a new law mandating self-declaration of total net worth for public officials and their close relatives during retirement is necessary. This declaration should encompass spouses and children, providing a more comprehensive financial picture.  Furthermore, any discrepancies identified during the verification process must trigger immediate investigations.  Implementing such a self-declaration system, particularly upon assuming office and at retirement, would act as a deterrent against exploiting one's position for personal enrichment.

In conclusion, the proposed reforms are essential to guarantee impartial, transparent and corruption-free decision-making that prioritises the public good and fosters trust in public institutions. By preventing conflicts of interest, these provisions uphold the fundamental principles of integrity and impartiality which are expected from any person who holds a public office. 

Fateen Farhan is an LLB graduate from the University of the West of England and currently working as a Teaching Assistant at the London College of Legal Studies (South).

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.