Rules Governing Civil Servants

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Rules Governing Civil Servants

Context:

The Centre recently formed a single-member committee under the DoPT to review all documents submitted by probationary IAS officer Puja Khedkar for her civil services candidature.

 

Background:

  • IAS Probationer Puja Khedkar’s Inquiry:
      • Committee: A single-member committee under DoPT to review Khedkar’s documents.
      • Rules Governing Actions: AIS (Conduct) Rules, 1968 and IAS (Probation) Rules, 1954.
  • Appointment Concerns:
      • Rank and Quotas: Secured IAS rank 821 in 2022 UPSC exams under OBC and PH quotas.
      • Questions Raised: Validity of her appointment under these categories.
  • Alleged Misconduct:
    • Privileges: Seeking undue privileges as a probationer.
    • Office Misuse: Using the District Collector’s ante chamber.
    • Unauthorised Beacon: Using a red-blue beacon on a private luxury car.

 

Conduct Rules:

  • Integrity of Services:
      • Rule 3(1): Officers must maintain absolute integrity and devotion to duty.
      • Rule 4(1): Prohibits using position to secure employment for family in private entities or NGOs.
      • 2014 Additions: High ethical standards, political neutrality, accountability, transparency, responsiveness, courtesy, and good behaviour.
  • Probation Rules:
    • Probation Period: Minimum of two years, includes training at LBSNAA.
    • Discharge Circumstances: Central government can discharge probationers for ineligibility, neglecting duties, or lack of necessary qualities.

 

Gift Acceptance:

  • Rule 11(1): Gifts from near relatives or personal friends must be reported if exceeding Rs 25,000.

 

Consequences of False Information:

  • Reservation and Validity:
      • Quotas: 27% OBC seats since 1995 and 3% PH seats since 2006.
      • False Certificates: If OBC and PH certificates are falsified, Khedkar may be discharged.
  • Legal Framework:
    • DoPT Circular 1993: False information or certificates lead to discharge or dismissal.
    • Legal Challenges: Potential court challenges, could continue in service during legal proceedings.

 

PH Status Dispute:

  • CAT Order 2023: Questioned her PH status and required medical examination which she did not complete.
  • Economic Background: Well-to-do background questioned her OBC (non-creamy layer) status.

 

Services and Rules:

  • All India Services: IAS, IPS, IFS selected by the central government.
  • Conduct Rules: AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964 govern behaviour.

 

Rules Specifics:

  • Political Neutrality: Officers cannot be part of or assist political parties (Rule 5).
  • Public Statements: Restricted from making statements that criticise government policies or actions (Rule 7).
  • Dowry Prohibition: Strictly prohibited from giving or receiving dowry (Rule 11 1-A).

 

Integrity and Consequences:

  • Penalties: Major penalties for misconduct can include dismissal.
  • Corruption Act: Prevention of Corruption Act (POCA) also applies, action often complaint-based.

 

Khedkar’s case underlines the stringent rules and potential consequences for IAS officers, highlighting the importance of maintaining integrity and ethical standards in public service.

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