The Bhutanese Leading the way.
Following the court’s sentencing of a Shaba Higher Secondary School teacher to two months’ imprisonment for assaulting two students on August 24, the Royal Civil Service Commission (RCSC) has clarified the circumstances under which a civil servant convicted of such an offence may be suspended or terminated.
RCSC has said a civil servant convicted of a criminal offence related to his or her official duties is subject to termination under the Civil Service Act and the Bhutan Civil Service Rules and Regulations (BCSR) 2023, raising questions over the employment status of the Shaba Higher Secondary School teacher convicted of assaulting two students.
RCSC also clarified that criminal proceedings and administrative disciplinary action are separate processes. Under Chapter 19 of the BCSR 2023, acts of violence or physical assault are classified as major offences and can attract major administrative penalties.
This means the teacher’s court conviction does not by itself bring an end to the matter from a civil service perspective. The relevant disciplinary authorities can still initiate administrative action based on the same conduct, independently of the criminal proceedings.
RCSC said, “Therefore, if a teacher is convicted of child battery as a misdemeanour or higher, and the act is connected to their teaching role, they will be terminated from service. Even if the offence is considered a petty misdemeanour, the disciplinary authority can still impose major penalties based on the seriousness of the misconduct under Chapter 19 of BCSR 2023.”
The mothers of the two children said they did not know what to comment on regarding the court’s judgment. One of the mothers who spoke to The Bhutanese said the family had hoped the court would consider the extent of the injuries sustained by the children when deciding the sentence.
“We were just hoping that the court could have given justice by looking at the injuries inflicted on our children’s bodies,” she said.
The case has renewed questions about how discipline is exercised in classrooms. Experts, including local medical experts have advocated positive discipline, saying students should be guided through non-violent approaches rather than punished physically.
The Ministry of Education and Skills Development has not outlined what action it will take despite queries to the ministry.
