INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES 1954
The Union government is planning to acquire for itself overriding powers to transfer IAS and IPS officers through Central deputation, doing away with the requirement of taking the approval of the State governments.
What is the present status –
- Centre every year asks states for an “offer list” of officers from the All India Services (IAS, IPS and Indian Forest Service) cadre who are willing to go on central deputation, after which it selects officers from that list.
- With the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government, in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government
- The Centre cannot take action against civil service officials who are posted under the state government, unless the latter agrees.
- Rule 7 of the All India Services (Discipline and Appeal) Rules, 1969, states that the “authority to institute proceedings and to impose penalty” will be the state government if the officer is “serving in connection with the affairs of a state…”
- For any action to be taken against an officer of the All India Services, the state and the Centre both need to agree.
What is proposed –
- State Government shall make available for deputation to the Central Government,
- Number of eligible officers of various levels shall be adjusted proportionately by the number of officers available with the State Government concerned vis-a-vis the total authorised strength of the state cadre at the given point of time.
- Actual number of officers to be deputed to the Central Government shall be decided by the Central Government in consultation with State Government concerned