Centre fixes two-year tenure in each posting for IAS, IPS, IFS officials
A day before the expiry of the Supreme Court’s deadline to the Centre for fixing a tenure for civil servants, the Government on Thursday decided to maintain a minimum of two years’ tenure in each posting of IAS, IPS and Indian Forest Service officials.
According to the new rules, there would be a Civil Services Board which alone would decide on making an exception on waiving this fixed tenure of two years. All transfers and new appointments will only be done upon the recommendation of this new board, headed by senior bureaucrats and department heads.
The new rules also specify that the competent authority may reject the recommendation of the Civil Services Board by recording the reasons for the same.
The new order, considered as a big relief to civil servants, came after the Supreme Court directed the Centre to frame rules for a fixed tenure on a Public Interest litigation filed by several retired bureaucrats citing political vendetta against IAS officers like Ashok Khemka and Durga Shakti Nagpal.
For transfer and postings of IAS officers, the Board will have the senior-most Additional Chief Secretary or Chairman, Board of Revenue or Financial Commissioner, or an officer of equivalent rank and status as member, and Principal Secretary or Secretary of the Department of Personnel in the State Government, as member secretary.
For the posting and transfer of IPS officers, the Board will have two more members —Principal Secretary or Secretary, Home, and the Director-General of Police. For Indian Forest Service officers as well, the Board is to have two additional members — Principal Secretary or Secretary, Forest, and the State’s Principal Chief Conservator of Forest.
“All appointments of cadre officers shall be made on the recommendation of the Civil Services Board,” state the rules, which were notified by the Ministry of Personnel.A cadre officer, appointed to any cadre post, shall hold the office for at least two years unless he or she is promoted, retired or sent on deputation outside the State or for training exceeding two months, the rules said.
“The Centre or the State Government may transfer a cadre officer before the minimum specified period on the recommendation of the Civil Services Board,” the rules specify.
Hearing a PIl, the apex court had in a path-breaking judgement on October 31, 2013, directed the Centre to ensure fixed tenure for bureaucrats. The landmark judgment meant to curb political interference in civil services was delivered by the Bench of Justice KS Radhakrishnan and Pinaki Chandra Ghose.
“Repeated shuffling/transfer of officers is deleterious to good governance. Minimum assured service tenure ensures efficient service delivery and increased efficiency. They can also prioritise various social and economic measures intended for the poor and the marginalised sections,” the SC had held.
The SC had also asked the Centre to set up boards for deciding transfers, postings and disciplinary action for civil servants within a period of three months until Parliament came up with a proper law for the creation of Civil Services Boards. The apex court had set a deadline of three months for implementing the new rules, which ends on January 31.
“This is the first step. Many things need to be done. Many important beginnings have been made, including lokpal. This notification should mark the beginning of a new era of good governance,” said former Cabinet Secretary and main petitioner TSR Subramanian.
With respect to transfers, the State Civil Services Board will consider the report of the Administrative Department and also obtain the views of the officer who is proposed to be transferred. It will not make recommendations for premature transfer of cadre officers unless it is satisfied itself with the reasons for the proposal, the rules add.
“The Civil Services Board shall submit a quarterly report to the central Government clearly stating the details of officers recommended for transfer before the minimum specified tenure and the reasons (for the same),” the rules state.