How Does an IAS Officer Get Dismissed? Policy for Removal of Non-Performing Civil Servants (Download PDF)

()

Download PDF of This Page (Size: 184.35 K)

Up to January 2018, total 21, 195 of Group ‘A’ & 47, 039 of Group ‘B’ officers are reviewed, Out of which relevant rules were recommended against 83 Group ‘A’ & 128 Group ‘B’ officers, including 15 officers of All India Services.

Image of Policy for Removal of Non-Performing Civil Servants

Image of Policy for Removal of Non-Performing Civil Servants

Image of Policy for Removal of Non-Performing Civil Servants

Provisions under Fundamental Rules of Central Civil Services (CCS) (Pension) Rule, 1972 & Rule, 16 (3) of All India Services (Death-cum-Retirement Benefits), 1958 have laid down policy of periodic review & premature retirement of non-performing government servants.

  • More than 130 officers were given premature retirement in past over 2 years.

  • Service records of 11, 828 Group ‘A’ & 19, 714 Group ‘B’ officers were reviewed.

  • Provisions of premature retirement were recommended against 30 Group ‘A’ & 103 Group B’ officers.

  • Of these, action was taken against 77 officers during 2015 - 16, 44 in 2016 - 17 & against 12 officers during 2017 - 18 (till May).

Background

  • IAS officers are consider as pillar of Indian executive system.

  • They are entrusted w/policy implementation at earth levels which are most challenging part of democratic political system.

  • IAS officer contributes in both schemes/policy formulation as well as in policy implementation.

  • Currently, there is incidence of incompetence & non-performance among IAS & IPS officers.

  • Govt. is trying to review suspension & dismissal policy of all India service rule.

  • GoI decided to review age old civil services system & update redundant rules in service rules to make IAS officers more adaptable to latest requirements of govt. needs.

Policy for Removal of Civil Servants:

  • Article 311 of Constitution of India deals w/Dismissal, removal or reduction in rank of persons employed in civil capacities under Union or State.

  • No person who is member of civil service of Union or civil service or holds civil post under Union or State shall be dismissed or removed by authority subordinate to that by which he was appointed.

  • No person as aforesaid shall be dismissed in rank except after inquiry in which he is informed of charges against him & given reasonable opportunity of being heard in respect of those charges.

  • Opportunity before employee getting dismissed will be available twice - at inquiry stage & later at dismissal stage.

  • This was changed by way of Constitutional (42nd Amendment Act, 1976

  • ‘Dismissal’ bars person from further employment.

  • ‘Removal’ allows person to seek further employment.

  • Provisions of Indian Evidence Act, 1872, Code of Civil Procedure, 1908 or Code of Criminal Procedure, 1973 do not apply to departmental inquiry & compulsory retirement is not punitive action.

  • No protection under this Article will be available in cases of compulsory retirement.

  • Compulsory retirement does not involve any penal consequences & all his past pays will be paid.

  • Protection under Article 311 (2) is available for both permanent & temporary Government servants.

Recent Events of Incompetence Among IAS Officers:

  • 24 officers from IAS along w/381 Group A Service officers were prematurely retired & granted cut in remuneration.

  • Currently, Appointments Committee of the Cabinet has dismissed few IAS officers for non-performance.

Union Public Service Commission (UPSC)

UPSC, India’s premier central recruiting agency was formed on October 1926.

UPSC is important for recruitment of Group A & B officers for central government & conducts civil services examinations.

Commission is headquartered at Dholpur House, Delhi.

UPSC is consulted:

  • On all matters related to:

    • Methods of recruitment to civil services & for civil posts

    • Making appointments to civil services & posts

    • Making promotions & transfers from one service to another

  • On all disciplinary matters against civil servant.

  • On any claim by or in respect of person who serving or has served in civil capacity.

  • On any claim for award of pension in respect of injuries sustained by person while serving in civil capacity.

- Published/Last Modified on: July 12, 2018

Policy/Governance

Monthy-updated, fully-solved, large current affairs-2019 question bank(more than 2000 problems): Quickly cover most-important current-affairs questions with pointwise explanations especially designed for IAS, NTA-NET, Bank-PO and other competetive exams.