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Updated: August 9, 2013 17:11 IST

IAS suspension: Govt. mulls amending rules

PTI
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In the backdrop of controversial suspension of Durga Sakthi Nagpal, the Centre is considering amending rules to ensure an IAS officer is not suspended or transferred due to vested interest.
PTI In the backdrop of controversial suspension of Durga Sakthi Nagpal, the Centre is considering amending rules to ensure an IAS officer is not suspended or transferred due to vested interest.

In the backdrop of controversial suspension of Durga Sakthi Nagpal, the Centre is considering amending rules to ensure an IAS officer is not suspended or transferred due to vested interest.

The Department of Personnel and Training (DoPT) -- which acts as nodal body for administrative matters related to Indian Administrative Service (IAS) -- may revisit rules that outlines procedure for disciplinary action against an officer of the service.

“We are considering to make changes the All India Services (Discipline and Appeal) Rules, 1969 to ensure that an officer of such services is not suspended due to political vendetta or any other vested interest. The move is aimed at ensuring hassle-free working of the officers,” a senior DoPT official said.

He said that no decision has been taken as of now on how to go about it.

If changes in rules are made applicable, they will also have bearing on two other All India Services -- Indian Police Service (IPS) and Indian Forest Service (IFoS) -- besides IAS.

“The Centre will seek opinions from concerned cadre controlling authorities like Ministry of Home Affairs (for IPS) and Ministry of Environment and Forests (for IFoS) before going ahead with the change in rules. The matter is under discussion within DoPT,” the official said.

The move comes in the backdrop of suspension of Nagpal, a 2010 batch IAS officer of Uttar Pradesh cadre, who had taken o sand mining mafia active in Gautam Budh Nagar district of the state.

The 28-year-old officer was suspended ostensibly for ordering demolition of a wall of an under-construction mosque without following the due process.

Political parties including BJP and BSP, besides central and IAS associations of various states have demanded immediate reinstatement of the Ms. Nagpal.

The over 4,700-member IAS Officers’ Association has recently also suggested changes in rules including prior sanction of the Centre before any officer of the service is suspended by a state government among others.

“Revisit all rules regarding All India Services, in particular ‘All India Services (Disciplinary and Appeals Rules, 1969, wherein a provision for seeking prior approval of central government should be made before suspending any IAS officer working under control of state governments,” the association’s Secretary Sanjay R Bhoos Reddy had told PTI here.

He had recommended provision for serving of a “mandatory show cause notice” to an officer seeking his or her explanation within a specified time period before suspension.

“Only after perusal of that particular IAS officer’s reply to the show cause notice, suspension should be decided,” he had suggested.

The Association has met Minister of State for Personnel V Narayanasamy in this regard.

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I think she is a victim of the executive itself (read the Secretaries and below), as distinct from legislature (read elected representatives), who prides itself in having largely abdicated its constitutionally assigned role and prerogative of implementing the policies to the best of its professional integrity and ability without any unconstitutional interference from legislature as to applicability of laid down policies to case-to-case thereby letting legislature have absolute and unbridled power against the letter and spirit of our constitution. The constitution provides for All-India Services and relevant rules have long ago been framed thereunder. The legislature’s role of laying down the policy and associated guidelines ended there and executive must have taken over the implementation of constitutional provision of All-India Services and rules framed thereunder to the best of their professional integrity and ability without any inputs suggesting unconstitutional interference.

from:  Rajesh Jain
Posted on: Aug 9, 2013 at 22:25 IST

@Mr.Sridhara Murthy: you must see what is the syllabus of the IAS
exam.. and you should know how deep understanding in subjects like
economy,polity,environment,history,geography,technology,sociology,cult
ure,decision making,ethics,governance,international relation between
and among countries and all recent happenings(national as well as
global) is required.. whatever degree u have
(medicine,history,commerce..etc) u should study all the above subjects
thouroughly in order to clear the exam.. pls get to know the details
before commenting on a website.. this is not
facebook...

from:  Aswinkumar
Posted on: Aug 9, 2013 at 20:01 IST

This is what is called "All fizz and no gin". The behavior of the UP
state authorities including the Chief Secretary, IAS, who signed off
Ms Nagpal's suspension has shown that the situation is extraordinary
and calls for extraordinary measures. In the various state
governments, democratic governance under the rule of law has been
converted into "Mere paaas paisa hain, mere paas takat hain etc" and
so the normal checks and balances are worthless.

Just one change will work wonders: Since the Chief Secretary has to
sign off transfer orders give the Chief Secretary the power to refuse
to sanction a transfer order if he thinks it to be arbitrary or
malafide. He can ask for an internal enquiry and based on that he will
decide. If the state govt is unhappy with his decision it can appeal
to the state high court, followed by the CAT and the Supreme Court.

from:  Aritra Gupta
Posted on: Aug 9, 2013 at 19:51 IST

This should have been done long back the govt.is able to wake up only when an incident like this happens!

from:  s visvanathan
Posted on: Aug 9, 2013 at 19:21 IST

Courageous and law enforcing Officers like the present one are treated by political people like this;then how can we expect justice?

from:  s visvanathan
Posted on: Aug 9, 2013 at 19:17 IST

Information as well as Foreign Service both do not come under All
India Services. The officers are not allotted cadres and are not
sent to work under state govt.s. That is why these are not
mentioned here.

from:  dv
Posted on: Aug 9, 2013 at 19:04 IST

Change the IAS system.Nowhere in the world you can see such an illogical
system.How a BA in History who does not know ABC of Medicine can become
secretary of Medical department.How a MA in political science can handle
commercial tax department?How a BE in computer science department can
become secretary of Social welfare department? Even a High School
student can say easily say that the present IAS is a flawed
system.Britisher who introduced this system have abandoned the system.

from:  Sridhara Murthy
Posted on: Aug 9, 2013 at 18:40 IST

As something unusual happens,all system behaves as if to prone about change but after sometimes it all goes futile nd the fire for change freez up.......

from:  Amarnath Pandey
Posted on: Aug 9, 2013 at 18:39 IST

This has become the need of hour and will give a big moral boost to
honest officers who are otherwise handcuffed by vested interests and
political vendetta. This will go a long way in cleaning the system of
governance.

from:  vivek anand
Posted on: Aug 9, 2013 at 18:21 IST

UPA government and past congress government suspended and transferred how many IAS or similar people for their convenient?They will not act? we need Lokpal who is free and no political ambition.

from:  jayant sanghvi
Posted on: Aug 9, 2013 at 17:53 IST

Our politicians are making mockery of Democracy. Is there any law where
they can also be suspended immediately in case of non performance????

from:  Sandeep
Posted on: Aug 9, 2013 at 17:45 IST

How about Indian Information Service and Indian Foreign Service ?

from:  Rajesh
Posted on: Aug 9, 2013 at 15:40 IST
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