Mind your PS, Cabinet Secy’s letter warns ministers

NEW DELHI, AUG 19: It's a form of proxy approval that has made the Prime Minister's Office reach for the rulebook. A recent case of a mini...

NEW DELHI, AUG 19: It’s a form of proxy approval that has made the Prime Minister’s Office reach for the rulebook. A recent case of a minister whose Private Secretary (PS) signed orders on the minister’s behalf has seen terse missives flurrying across departments. Cabinet Secretary, Prabhat Kumar dashed off a confidential DO letter to each of the ministers, cautioning them against such behaviour.

Kumar’s letter stated: “Recently a case has come to notice where in one of the files relating to a pending Parliamentary assurance, instead of the Minister giving his approval on the file, the Private Secretary to Minister recorded as `MOS has approved’. The Minister’s signature was not taken on the file and the approval was indicated only by the Private Secretary to the Minister.”

The approval or directions of the Minister on files are very important since often, these constitute legal authority for several government decisions. It is also possible that these documents are required to be produced in courts of law to defend the actions of the Government, points out the letter. “…Legally and procedurally it would be appropriate for the Minister himself to sign on the files…There is also a danger of some unscrupulous officials misusing the authority of the Minister”, adds the letter.

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“Keeping in view the above, the Prime Minister has directed that all the Members of the Council of Ministers be advised that as far as possible, they should indicate their approval/concurrence on file under their own signatures.”

The letter clarifies that “…in rare and urgent cases when the Minister is on tour or sick and his approval has to be taken on phone, the decision could be conveyed by the Private Secretary to Minister. Even in such cases confirmation should be obtained on file when the Minister joins/returns to Headquarters”.

After Prabhat Kumar’s letter, Kumar’s letter was followed up by another letter from B.B. Tondon, secretary in the personnel department functioning under the PMO, titled “Role of Oral Instructions in Transaction of Government Business”, dated July 20, 2000. In this, he cautioned secretaries in the government departments that they should ensure strict implementation of procedure.

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