Influence Of Politics On Public Service

Northern Advocate, 30 July 1949, Page 7

Influence Of Politics On Public Service

WELLINGTON, Sat. (P.A.).—Holding that there may be cases in which political opinions and associations might have an influence on the efficiency of the public service, Mr Justice Northcroft dismissed the action brought by Gilbert Maximilian Deynzer, a civil servant, against the Public Service Commissioners.

Deynzer sought reinstatement as a technician in the Department of Scientific and Industrial Research, following his transfer last year to a position as clerk in the head office of the Social Security Department, lie claimed he was transferred after an interview with George Thomas Bolt, a member of the commission, who asked him whether he was a Communist. Deynzer declined to answer, suggesting that public servants were entitled to their own private political beliefs. EXISTENCE OE DOUBT "The substantial case made by the plaintiff was that the defendants acted judicially and not administratively, that his transfer was punitive and not made in the interests of efficiency,” stated His Honor, giving judgment. “It was admitted that if it was a routine transfer from one department to another, the court had no power to interfere. It was submitted ■ that the commission had acted judicially and that an inquiry should have been held in strict compliance with the term's of the Public Service Act.

may be distrustful and maintain a reserve toward him, prejudicial to that free and candid intercourse necessary in their work. PREVENTING INEFFICIENCY “The holding of opinions or the pursuit of a course of conduct giving rise to doubt are not matters upon which disciplinary action could be taken, unless they develop into acts of misconduct. At the same time, if the commission does consider that its doubt about an individual justifies fears for the efficient work of a department, it is justified, and I think it is required by the act, to take appropriate action to prevent the inefficiency it fears. “No doubt the commission would not ordinarily concern itself with the politics of public servants, its concern being efficiency and economy. There may, however, be cases where political opinions and associations have a definite influence upon efficiency. “It would be a strange result were the statutory provisions relating to the public service to be read as preventing the commission from taking the same steps for the protection of the public interest as are open to any private employer in the protection of his interests. I do not so read them and I think the action taken by the commission was proper and within its statutory authority.”

“The department in which' the plaintiff was employed is one in which the loyalty and discretion of its components cannot be in doubt," states the judgment. “Even the existence ot such a doubt about an officer may make for inefficiency in many ways. Seniors and others ,in the department