All-India Services - Revision history

Jyoti: /* “Compulsory waiting” */

2024-07-23T18:28:39Z

‎“Compulsory waiting”

Pdewan: /* See also */

2024-07-16T20:21:46Z

‎See also

Jyoti: /* Departmental inquiries */

2021-12-01T19:28:17Z

‎Departmental inquiries

Jyoti: /* Compulsorily retiring officers for inefficiency */

2021-12-01T19:28:04Z

‎Compulsorily retiring officers for inefficiency

Jyoti: /* Premature repatriation from GoI */

2021-11-08T20:10:11Z

‎Premature repatriation from GoI

Jyoti: /* Compulsorily retiring officers for inefficiency */

2019-02-07T05:44:40Z

‎Compulsorily retiring officers for inefficiency

Jyoti: /* Cadre strength */

2017-05-06T22:13:50Z

‎Cadre strength

Jyoti: /* “Compulsory waiting” */

2017-05-06T22:12:15Z

‎“Compulsory waiting”

Jyoti: /* Transfer as punishment */

2017-03-13T21:23:45Z

‎Transfer as punishment

Jyoti: /* Transfer as punishment */

2017-02-16T07:30:04Z

‎Transfer as punishment

← Older revision		Revision as of 18:28, 23 July 2024
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	A young IAS officer said. “The fact is no one wants to be put on compulsory waiting.”		A young IAS officer said. “The fact is no one wants to be put on compulsory waiting.”
		+
		+	=Conduct: All India Services (Conduct) Rules, 1968=
		+	==As in 2024==
		+	[https://indianexpress.com/article/explained/puja-khedkar-controversy-what-are-the-rules-governing-civil-servants-9455338/ Shyamlal Yadav, July 16, 2024: ''The Indian Express'']
		+
		+
		+	Actions as a civil servant are governed primarily by two rules: the All India Services (Conduct) Rules, 1968, and the Indian Administrative Service (Probation) Rules, 1954. What do these rules say?
		+
		+	''' Rules on ‘integrity’ of services '''
		+
		+	All IAS, Indian Police Service (IPS) and Indian Forest Service officers are governed by the AIS (Conduct) Rules from the time they are allotted their service, and begin training. AIS (Conduct) Rule 3(1) states: “Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.”
		+
		+	Rule 4(1) is more specific about what is “unbecoming”. It states that officers must not use their “position or influence” to “secure employment for any member of his family with any private undertaking or NGO”.
		+
		+	In 2014, the government added a few sub-rules. This included that officers should maintain “high ethical standards, integrity and honesty; political neutrality; accountability and transparency; responsiveness to the public, particularly to the weaker sections; courtesy and good behaviour with the public”.
		+
		+	Also added were specific directions as to how officers must make decisions. They must do so “solely in public interest… declare any private interests relating to his public duties… not place himself under any financial or other obligations to any individual or organisation which may influence him… not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends…”.
		+
		+	According to Rule 11(1), officers may accept gifts from “near relatives” or “personal friends” with whom they have “no official dealings”, on occasions such as “weddings, anniversaries, funerals and religious functions”. However, they must report (to the government) any gift whose value exceeds Rs 25,000. This threshold was last updated in 2015.
		+
		+	''' Rules for probationers '''
		+
		+	There is an additional set of rules that govern the conduct of officers during their probation period, which lasts for at least two years after selection to the services. This includes the period of the officers’ training at the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in Mussoorie. At the end of two years, officers sit for an examination, after clearing which they are confirmed in their respective services.
		+
		+	During the probation period, officers draw a fixed salary and travel allowance. But they are not entitled to, as a right, a number of benefits that confirmed IAS officers receive. These include, among other things, an official car with a VIP number plate, official accommodation, an official chamber with adequate staff, a constable, etc.
		+
		+	Rule 12 gives the circumstances in which probationers can be discharged. These include, among other things, the central government finding the probationer “ineligible for recruitment” or “unsuitable to be a member of” the service; the probationar “wilfully” neglecting her probationary studies or duties; and the probationer lacking in “qualities of mind and character” needed for the service.
		+
		+	The Centre holds a summary enquiry before passing an order under these rules — like the one that has been initiated against Khedkar by the DoPT. The committee will submit its report within two weeks.
		+
		+	''' Furnishing false information '''
		+
		+	Since the batch of 1995, 27% seats in the services have been reserved for the OBC category. The Physically Handicapped (PH) reservation was introduced with the batch of 2006 — 3% seats in every category (General, OBC, SC, and ST) are reserved for the differently abled.
		+
		+	Despite her low rank, Khedkar was allotted IAS, India’s premier civil service, due to these quotas. However, if her OBC and PH certificates are proven to have been falsified, Khedkar stands to be discharged from service. Probationers are “discharged”, while confirmed officers are “dismissed”.
		+
		+	A DoPT circular from 1993 states: “Wherever it is found that a Government servant…had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service…”. This is applicable even if the person in question is not a probationer, and has already been confirmed.
		+
		+	However, such a dismissal would likely be challenged in court, before the Central Administrative Tribunal (CAT), and the National OBC Commission — challenges which may drag on for years. In the interim, the officer may still continue to be in service.
		+
		+	Khedkar was previously embroiled in a legal battle at the CAT regarding her PH status. As per a CAT order dated February 23, 2023, UPSC had asked Khedkar to undergo a medical examination at the AIIMS, New Delhi in April 2022 but she sought a postponement citing a Covid-19 infection.
		+
		+	She did not arrive at the rescheduled examination as well, although she is learnt to have later submitted an MRI report from a private facility to support her claims. “Despite making multiple attempts by the duty officer in AIIMS to contact the applicant, no response was received from her. Therefore the percentage of visual disability could not be assessed,” the CAT order read.
		+
		+	Critics have pointed to Khedkar’s ostensibly well-to-do background to question her OBC (non-creamy layer) status. The OBC category is subdivided into the creamy and non-creamy layers, with only the latter benefiting from reservations in government services and institutions. The idea is to specifically benefit those OBC members who come from economically, socially, and educationally less privileged backgrounds. This determination is made based on the parents’ income, and occupational background.
		+
		+	For those whose parents work in the private sector, the current threshold to qualify for the non-creamy layer status is an income of under Rs 8 lakh annually. For those with parents who work in the public sector, income is not taken into account. Rather, as per DoPT rules, what qualifies people to be in the creamy layer is either parent becoming a Group-A official before the age of 40, or both being Group-B officials with similar ranks.
		+
		+	[[Category:Government\|AALL-INDIA SERVICESALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]
		+	[[Category:India\|AALL-INDIA SERVICESALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]
		+	[[Category:Name\|ALPHABETALL-INDIA SERVICESALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]

	=Gift policy=		=Gift policy=

← Older revision		Revision as of 20:21, 16 July 2024
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	=See also=		=See also=
−	[[~~The~~ Indian Administrative Service (IAS)]]	+	[[Indian Administrative Service (IAS)]]
		+
		+	[[Government servants/ employees: India (statistics)]]
		+
		+	[[Government servants: India (legal issues, rules)]]
		+
		+	[[ Government servants: personnel issues]]]]
		+
		+	[[All-India Services]]
		+
		+	[[Police: India]]
		+
		+	[[Category:Government\|AALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]
		+	[[Category:India\|AALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]
		+	[[Category:Name\|ALPHABETALL-INDIA SERVICES
		+	ALL-INDIA SERVICES]]

@@ Line 240: / Line 240: @@
 “The officers may choose the immediate next cadre opted by them in the detailed application form submitted to UPSC below the present cadre allotted,“ the DoPT said in a note. The decision comes after a unique application for change of cadre on the grounds of marriage came to the government's notice, involving an AGMUT cadre officer from TN and his wife Delhi cadre, TN native wife.
 =Departmental inquiries=
@@ Line 256: / Line 298: @@
 The disciplinary authority may , based on the findings of the inquiry , make an order imposing penalty on the officer found guilty.
 = Inter-cadre transfers=

@@ Line 256: / Line 256: @@
 The disciplinary authority may , based on the findings of the inquiry , make an order imposing penalty on the officer found guilty.
-Alternatively, the Centre may ask state to conduct such a review at any time it deems fit in case such a review has not been held at 15 or 25 years of service.
+= Inter-cadre transfers=
-As per rules, the bureaucrat found fit for compulsory retirement is either given at least three months notice in writing or three month's pay and allowances in lieu of such notice. The government, in the case of Devangan and Chohan [below], opted for the latter.
+Delhi High Court has said the right to “meaningful” family life is a facet of the fundamental right to life guaranteed under the Constitution.
-==2015 and 2016==
+Allowing the plea of an IAS officer for inter-cadre transfer, the high court said, “the right to meaningful family life, which allows a person to live a fulfilling life and helps in retaining his/her physical, psychological and emotional integrity would find a place in the four corners of Article 21 of the Constitution of India. Therefore, when the state unreasonably denies a request of an employee seeking inter-cadre transfer, it impinges upon such person’s right to demand respect for his/her family life.”
-[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=States-find-only-two-of-1100-babus-inefficient-14042016014011 ''The Times of India''], Apr 14 2016
-'''States find only two of 1,100 babus inefficient'''
+A bench of justices Rajiv Shakdher and Talwant Singh agreed with the woman IAS officer’s contention that denial of her request for inter-cadre transfer by West Bengal government has resulted in an infraction of her right to family life.
-While the Modi government, as per information shared with Parliament in December [2015], dismissed or compulsorily retired 13 officers on grounds of inefficiency , the states appear far more accommodating, having recommended premature retirement of just two officers after reviewing the service records of 1,089 All-India Services (AIS) bureaucrats.
+“The fact that such rights are recognised as a part of human rights clearly emerges upon a perusal of Article 8 of the European Convention on Human Rights. A plain reading of Article 8(1) of the Convention discloses that every individual has the right to insist that the state respects his/her private and family life, home and correspondence,” the high court pointed out.
-Of the 549 officers whose review was carried out by 14 states under Rule 16(3) of All India Services (Death-Cum Retirement Benefit) Rules, just one officer, that too from AGMUT cadre (Arunachal Pradesh-Goa-MizoramUnion Territories, excluding Andaman and Nicobar Islands) that is administered by the Union home ministry , was found unfit for continuation in service upon completion of 15 years of service or five years of induction into IAS. Similarly , of the 540 officers whose service records were studied upon their completing 25 years or service or attaining 50 years of age, just one, also from AGMUT cadre, was recommended for premature retirement.
+The bench rejected WB’s opposition to her transfer and noted that her request was declined without a cogent reason.
-The 14 state cadres that carried out the intensive review of service records of 1,089 AIS officers since December 2013, with a view to weeding out deadwood and maintaining a high standard of efficiency , include Assam, Meghalaya, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, UP, Haryana, AGMUT and Odisha.
+[[Category:Government|AALL-INDIA SERVICES
+ALL-INDIA SERVICES]]
-Interestingly , there is no information on formation of the review committee and conduct of the meeting in states like Jammu and Kashmir, Manipur, Andhra Pradesh, Sikkim and Uttarakhand.
+[[Category:India|AALL-INDIA SERVICES
-==2017: 2 IPS officers compulsorily retired==
+ALL-INDIA SERVICES]]
-HIGHLIGHTS
+[[Category:Name|ALPHABETALL-INDIA SERVICES
-The government has compulsorily retired two IPS officers on the basis of a performance review
+ALL-INDIA SERVICES]]
-−
-The two officers were found to have put in sub-optimal performance by the concerned state cadre
-−
-The last time an IPS officer was 'compulsory retired' was [in 2001 or 2005].
-−
-NEW DELHI: In a rare and stern message to bureaucrats who fail to perform well in their careers, the government has compulsorily retired two IPS officers on the basis of a performance review required to be held at the end of 15 and 25 years of service under the All-India service rules.
-−
-The two IPS officers -- Raj Kumar Devangan, belonging to 1992 batch of Chhattisgarh cadre and Mayank Sheel Chohan from 1998 batch of AGMU cadre -- were found to have put in sub-optimal performance by the concerned state cadre on the basis of their service records, ACRs and assessment of their seniors.
-−
-"A notice has been served on them and as per rules, they were given three months salary along with compulsory retirement orders duly approved by appointments committee of Cabinet (ACC)," an officer told TOI.
-−
-The move is rare. The last time an IPS officer was 'compulsory retired' was [in 2001 or 2005]. It reportedly involved officers of Maharashtra cadre. "It is technically not a punishment but merely an action taken to remove officers seen as deadwood by their respective cadres and the Centre for not being serious in discharge of their duties. The compulsorily retired officer gets all post-retirement benefits," explained an officer.
-−
-As per sources, two IAS officers were also compulsorily retired recently on the same grounds.
 = Political patronage=

@@ Line 343: / Line 343: @@
 As many as 62 IAS officers have been sent back to their respective state cadres prior to completion of their central deputation tenure, in the past two years, Union minister of state for personnel Jitendra Singh told the Rajya Sabha on Thursday . The reasons range from personal grounds, availing of promotion in the cadre, requests from the state governments seeking premature repatriation to address shortage of officers and for appointment to senior posts such as chief secretary or secretary to the chief ministergovernor.
 “Sixty-two IAS officers in the rank of joint secretary and above on deputation under the central staffing scheme have been repatriated during last two years to their respective cadres due to variety of rea sons, including personal grounds, availing benefits of promotion in their respective cadres and on the request of state governments to address shortage of officers or appointment as chief secretary , secretary to chief minister or governor of the state, etc,“ Singh said. In reply to another question, the MoS said 13 IAS officers of Gujarat cadre in the rank of joint secretary were currently working on central deputation.
 =All India Services (Joint Cadres) Rules, 1972=

← Older revision		Revision as of 05:44, 7 February 2019
Line 295:		Line 295:

	As per sources, two IAS officers were also compulsorily retired recently on the same grounds.		As per sources, two IAS officers were also compulsorily retired recently on the same grounds.
		+
		+	= Political patronage=
		+	==2010-19: some prominent cases==
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F02%2F06&entity=Ar02007&sk=FBF9013B&mode=text Political patronage a double-edged sword for those in civil services, February 6, 2019: ''The Times of India'']
		+
		+
		+	A joke in officialdom goes something like this: A human has 33 vertebrae, matching the average years of service a bureaucrat puts in. “Each year, the political leadership takes out one vertebra, leaving the bureaucrat spineless by the end of his career,” goes the tale.
		+
		+	While the joke is certainly stretched — and does not account for bureaucrats willing to play the political card — it’s not unusual for IAS and IPS officers to get identified with a political dispensation or suffer repercussions if they choose to defy political diktats requiring bending rules.
		+
		+	Sometimes, officials might find themselves too closely identified with certain programmes of governments that are politically contentious. Without being politically aligned, they find themselves identified with the government in office, making them targets for relegation when the regime changes.
		+
		+	The sight of senior cops and CM Mamata Banerjee sharing a stage at a dharna against the Centre following CBI’s bid to quiz Kolkata police commissioner Rajeev Kumar will take some beating but there are several instances, even if less dramatic, of officials caught in the crossfire between the Centre and states.
		+
		+	One reason why bureaucrats find themselves in a tough spot is that while IAS and IPS officers are allocated a certain state cadre, the cadrecontrolling authority is the Centre, with police under the home ministry and IAS under the department of personnel and training.
		+
		+	Delhi has witnessed continuous conflict since the AAP government assumed office as it challenged the authority of the Centre over postings. There was an unprecedented press conference by officers in 2018 when they denied being on “strike” and also wrote to CM Arvind Kejriwal protesting that dissent on policy matters should not be put down to political alignment.
		+
		+	Earlier, on December 15, 2015, CBI landed at the office of Kejriwal’s trusted aide and principal secretary Rajendra Kumar, a 1989 batch IAS officer. Kejriwal was quick to allege vendetta by the Modi government.
		+
		+	Former BSF director general Prakash Singh said, “Politicisation of police force is common across the country. Officials are not concerned about being on the right side of law. They are more worried about whether their action would please their political masters or not. It has even affected discipline and morale of the force.”
		+
		+	In Gujarat, a section of officers indicted in encounter killing cases alleged victimisation by the UPA government for their loyalty to the state regime under Narendra Modi. After CBI took over investigation of the Sohrabuddin Sheikh encounter case, IPS officer Abhay Chudasama, then DCP of Ahmedabad crime branch, was the first officer to be arrested in April 2010. Three months later, then MoS home of Gujarat Amit Shah was also arrested.
		+
		+	“I was targeted by CBI because it wanted to reach Amit Shah,” Chudasama had said in his discharge application before a CBI court. He was discharged by this court later.
		+
		+	Retired DIG D G Vanzara blamed the UPA government. “After the 2002 riots, the situation was very volatile in Gujarat and we had to prevent reprisal efforts. The UPA government targeted us with politically motivated cases. The acquittals in these false cases vindicate our stand,” Vanzara, who still faces trial in the Ishrat Jahan encounter case, said.
		+
		+	On the other hand, investigators in the Sohrabuddin and Ishrat Jahan encounter cases — IPS officers Rajnish Rai and Satish Verma — allege victimisation by the NDA government after 2014. Both were shunted out of Gujarat after NDA came to power.
		+
		+	The case of young UP IAS officer Durga Shakti Nagpal held wide attention. The then UPA government took strong objection to her suspension by the Akhilesh Yadav-led state government in 2013. Nagpal acted against the sand mafia in Gautam Budh Nagar and found herself under suspension, ostensibly for ordering demolition of a wall at a disputed mosque.
		+
		+	Nagpal’s suspension, and the purportedly flimsy excuse, set off a national discussion on vulnerability of officers upholding the law and use of disciplinary action to punish honest, but inconvenient officers.
		+
		+	Newly-appointed CBI director Rishi Kumar Shukla was seen to be caught in a state-Centre conflict as DGP of Madhya Pradesh. The Kamal Nath government was upset when a Delhi Police team arrested a YouTuber from Bhopal without informing the state police. The MP home department wrote to the Centre protesting the arrest while BJP said the man was a Congress worker. A week later, Shukla was removed as DGP and transferred to MP Police Housing Corporation.
		+
		+	The evidence from Kerala is interesting as some IAS and IPS officers are seen to be hand-picked for postings in LDF and UDF governments. Yet, Centre-state conflicts have never got out of hand, with possibly a regular change of government contributing to a balance, former chief secretary Jiji Thomson said.
		+
		+	Most IPS and IAS officers in Tamil Nadu are seen to play political faultlines, leaving the bureaucracy virtually split on pro-DMK and pro-AIADMK lines. The more neutral officers can get caught in the crossfire as former additional director of CBI Archana Ramasundaram found out when her posting was opposed by the Tamil Nadu government. Under pressure from the Centre, she joined CBI without the state’s consent, leading to then AIADMK government initiating disciplinary proceedings. The case went to Supreme Court and finally the Centre moved her out of CBI.

	=Premature repatriation from GoI=		=Premature repatriation from GoI=

@@ Line 17: / Line 17: @@
 See graphic.
-[[File: The sanctioned strength of the IAS, IPS and IFtS cadres, and vacancies, as in early 2017.jpg| The sanctioned strength of the IAS, IPS and IFtS cadres, and vacancies, as in early 2017 ; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=STATOISTICS-THERE-IS-A-SHORTAGE-OF-AROUND-3000-15042017007032 The Times of India], April 15, 2017 |frame|500px]]
+[[File: The sanctioned strength of the IAS, IPS and IFS cadres, and vacancies, as in early 2017.jpg| The sanctioned strength of the IAS, IPS and IFS cadres, and vacancies, as in early 2017 ; [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=STATOISTICS-THERE-IS-A-SHORTAGE-OF-AROUND-3000-15042017007032 The Times of India], April 15, 2017 |frame|500px]]
 =“Compulsory waiting” =

@@ Line 12: / Line 12: @@
 [[Category:Name|Alphabet]]
 [[Category:Name|Alphabet]]
 =“Compulsory waiting” =
@@ Line 61: / Line 67: @@
 A young IAS officer said. “The fact is no one wants to be put on compulsory waiting.”
 =Gift policy=

← Older revision		Revision as of 21:23, 13 March 2017
Line 225:		Line 225:

	Posted in 2010, district collector shunted out in 2011 for allegedly taking on mining mafia close to local [ruling party] legislator		Posted in 2010, district collector shunted out in 2011 for allegedly taking on mining mafia close to local [ruling party] legislator
		+
		+	=AIS couples=
		+	==Choice of cadre/ 2017==
		+	[http://epaperbeta.timesofindia.com//Article.aspx?eid=31808&articlexml=Govt-relief-for-IAS-IPS-couples-living-separately-15022017020008 Govt relief for IAS, IPS couples living separately, Feb 15 2017: The Times of India]
		+
		+	The government played cupid to several IAS and IPS officer-couples forced to live apart because the cadre of one of the partners was the other's home state. Thus far, IAS and IPS officers were allowed to choose the cadre state of hisher spouse, but not if it was their own home state. On Tuesday , however, the appointments committee of Cabinet allowed such officers to choose the immediate next cadre they opted for in their UPSC application.
		+
		+	“The officers may choose the immediate next cadre opted by them in the detailed application form submitted to UPSC below the present cadre allotted,“ the DoPT said in a note. The decision comes after a unique application for change of cadre on the grounds of marriage came to the government's notice, involving an AGMUT cadre officer from TN and his wife Delhi cadre, TN native wife.

	=Departmental inquiries=		=Departmental inquiries=

← Older revision		Revision as of 07:30, 16 February 2017
Line 225:		Line 225:

	Posted in 2010, district collector shunted out in 2011 for allegedly taking on mining mafia close to local [ruling party] legislator		Posted in 2010, district collector shunted out in 2011 for allegedly taking on mining mafia close to local [ruling party] legislator
		+
		+	=Departmental inquiries=
		+	==Must conclude within six months==
		+	[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Probe-against-IAS-IPS-officers-should-conclude-in-24012017014015 Probe against IAS, IPS officers should conclude in 6 mths: Govt, Jan 24, 2017: The Times of India]
		+
		+
		+	All departmental inquiries against IAS and IPS officers for alleged misconduct or misbehaviour will now have to conclude and a report submitted within six months, according to new rules notified by the Modi government to ensure swift action against those found guilty.
		+
		+	The All India Service (Discipline and Appeal) Rules, 1969, also require an officer facing inquiry to submit his written statement of defence against charges of misconduct within 30 days of receiving a copy of the charges. He may also specify if he wishes to be heard in person. This period of 30 days may be extended after recording reasons in writing by the disciplinary authority.
		+
		+	Under no circumstances shall the extension of time for filing written statement of defence exceed 90 days from the date of receipt of articles of charge, say the amended rules.
		+
		+	As per the new norms, the inquiring authority should conclude the inquiry and submit a report within six months from the date of receipt or order of his appointment as inquiring authority .This authority may , however, seek extension, not exceeding six months, for its proceedings from the disciplinary authority . The reasons shall have to be recorded in writing by the disciplinary authority .
		+
		+	The disciplinary authority may , based on the findings of the inquiry , make an order imposing penalty on the officer found guilty.

	=Compulsorily retiring officers for inefficiency=		=Compulsorily retiring officers for inefficiency=