The Civil Service Commission (CSC) has claimed that according to the law the commission is the only body with the legal authority to dismiss or suspend a civil servant.
The commission has claimed that the councilor of Dhiyamigili in Thaa Atoll asked a civil servant to stay at home, an accusation which led to the Home Minister Mohamed Shihab being summoned to the parliament and questioned by Dhivehi Rayyithunge Party (DRP) MP Ilham Ahmed.
Ilham on Monday asked the minister if a person in a political post could send a civil servant home.
The CSC released a statement which cited the minister as saying ”since a government’s office is established to provide services for the people, and as it’s the responsibility of the highest rank person at the time to manage it, I believe action could be taken.”
The CSC however claimed that “as article 46 [a] of the Civil Servant Act says, it is only the CSC who has legal authority to suspend a civil servant with or without salary. Ministers and councilors who are not among civil servants cannot ban a civil servant from coming to work,” the statement said.
Spokesperson for the CSC Mohamed Fahmy Hassan said the Home Ministry said had misled the people and claimed it was unlawful.
”If someone disrupts the peace, there are concerned authorities people should inform,” Fahmy said, ”there are departments with the authority to arrest and detain people. ”
He said that the commission never demanded or threatened any staff into joining a particular politcal party.
”The commission has never threatened a staff member hat he would be dismissed if does not join this party or that party,” he said. ”When we receive reports that a civil servant has broken the law, then we will take immediate action. ”
He notes that the councilor was not the authorised person to take action against the civil servant.
Island councilor for Dhiyamigili Adnan Ali said that it was the island chief who was asked to stay at home. But he did not give further information as he was ”very busy at the moment.”
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The use of the word "claims" has a negative impact on CSC's statement & gives such a meaning as it could be true or it could be false.
The Civil Service Act clearly states that CSC is the only body that can appoint, discharge, suspend etc a civil servant. CSC doesn't have any authority over politically appointed people & they in return have no authority over civil servants.