Professionalism, Discipline, and Code of Conduct in Nepal's Public Administration
Professionalism
Professionalism refers to acquiring and mastering the knowledge, skills, expertise, and competence related to one’s occupation, adhering to professional ethics and codes of conduct, and maintaining professional autonomy and control. It encompasses expertise, ethos, and autonomy.
Professionalism involves professional competence, specialization, identity, and respect. While it is particularly emphasized in technical and specialized fields requiring high skills, its qualities are expected across all positions in public service.
Importance/Objectives of Professionalism
- Foster commitment, responsibility, and attraction to the profession.
- Improve performance levels and service delivery.
- Enhance productivity and output of the profession.
- Increase the organization’s reputation and value.
- Ensure adherence to ethical standards and values.
- Recognize and value competent and capable employees.
- Manage education, training, orientation, and continuous learning.
- Enhance personal satisfaction and organizational outcomes.
Problems in Professionalism in Public Administration
- Low priority given to professionalism by organizations and employees.
- Misunderstanding and misuse of generalized skills in public administration.
- Unfair practices in transfers, postings, and career development opportunities.
- Prevalence of corruption, irregularities, and delays.
- Impact of politicization, factionalism, and nepotism across all levels.
- Lack of appreciation and proper utilization of professional employees.
- Absence of a culture of continuous learning, research, and skill development post-service entry.
Discipline
Discipline is the adherence to behaviors, conduct, and work practices aligned with the values and norms of an organization, community, institution, or society. It involves compliance with social, organizational, natural, and fundamental rules, maintaining dignity within society and institutions.
Discipline is a physical, mental, psychological, attitudinal, and behavioral trait influenced by family, society, educational institutions, peers, workplaces, and the political and cultural environment. It encourages support for truth, goodness, and righteousness, integrating these into one’s lifestyle.
Need/Importance/Objectives of Discipline
- Ensure social order and harmony.
- Support organizational performance and distinct identity.
- Enhance productivity, quality, and job satisfaction.
- Build a positive work culture.
- Protect, develop, and uphold organizational values.
- Ensure implementation of laws and codes.
- Promote professionalism.
Code of Conduct
A code of conduct is a collection of specific rules, values, and standards set by a society or organization. It defines the standards to be followed in daily operations, organizational behavior, and interactions with clients. It is also considered a list of ethical principles, morals, and legal norms.
Violating the code of conduct is a punishable offense, with provisions for penalties. In Nepal, Chapter 7 of the Civil Service Act, 2049 BS, outlines conduct-related provisions, categorized as office-related, position-related, financial activities, political behavior, social behavior, and others.
Problems Related to Discipline and Code of Conduct
- Neglect of discipline and code of conduct, fostering individualism, corruption, and nepotism.
- Failure to link conduct and discipline with penalties, and reluctance to enforce penalties.
- Employee trade unions focusing on transfers and personal benefits, contrary to their principles.
- Low priority given to these values by political leadership, exerting undue influence on bureaucracy.
- Inability to promote ethics, integrity, and spiritual values.
- Leadership failing to lead by example and inspire adherence.
- Deviations in social and cultural values.
- Non-implementation of the National Integrity Policy.
- Issues like conflicts of interest and lack of whistleblower protection.
- Absence of effective laws for enforcing conduct principles.
Code of Conduct for Civil Servants
Legal Provisions
- Civil Service Act, 2049 BS, and Rules, 2050 BS
- Good Governance (Management and Operation) Act, 2064 BS
- Muluki Criminal Code, 2074 BS
- Muluki Civil Code, 2074 BS
- Corruption Prevention Act, 2059 BS
- Commission for Investigation of Abuse of Authority Act, 2048 BS
- Revenue Leakage Act, 2052 BS
- Justice Council Act, 2048 BS
- Right to Information Act, 2064 BS, and Rules, 2065 BS
- Employee Code of Conduct Rules, 2065 BS
- Code of Conduct for Public Office Holders and Civil Servants, 2068 BS
Conduct Provisions under Civil Service Act and Rules
a) Office-Related Conduct
- Maintain punctuality and regularity.
- Adhere to discipline and obedience.
- Restrict disclosure of official information.
- Follow conduct aligned with position and service.
- Avoid exerting political or undue influence.
- Show respect to superiors and care for subordinates.
- Avoid causing harm or loss to government offices.
- Treat clients with dignity.
- Prohibit alcohol consumption and indecent behavior during office hours.
b) Political Activity-Related Conduct
- Prohibited from participating in politics.
- Prohibited from criticizing the government.
- Prohibited from participating in elections.
- Prohibited from engaging in protests, strikes, lockouts, or encirclements.
- Restricted from membership in non-legal organizations.
- Prohibited from representing others.
- Prohibited from activities undermining national integrity and sovereignty.
c) Financial Conduct
- Mandatory submission of asset declarations.
- Prohibited from engaging in business or trade.
- Prohibited from taking other employment.
- Restricted from accepting donations, gifts, or loans.
- Mandatory submission of cash or assets received.
d) Social Conduct
- Prohibited from child marriage, mismatched marriage, or polygamy.
- Maintain courteous behavior toward all.
- Prohibited from sexual misconduct.
- Prohibited from torturing others.
- Adhere to the Social Behavior Reform Act.
e) Positional Conduct (Civil Servants)
- Fulfill positional responsibilities with a focus on national and public interest, embracing patriotism.
- Perform duties without fear, favor, or bias.
- Remain loyal to the nation, people, and government, avoiding actions that undermine service dignity.
- Maintain positive behavior, act as a role model, and treat all with respect and dignity.
Disciplinary Penalties
With reasonable and sufficient cause, civil servants may face two types of departmental penalties:
a) General Penalties
- Warning.
- Promotion suspension or withholding up to two salary increments for two years.
- Promotion suspension or withholding two to five salary increments for two to five years.
b) Special Penalties
- Removal from service without disqualification for future government service.
- Dismissal from service with disqualification for future government service.