In a major move, the Centre has proposed to change rules to allow no review of suspension orders of IAS, IPS and IFS officers if they are convicted in a corruption and criminal case by courts.
The Department of Personneland Training (DoPT) has decided to amend the All India Services (discipline andappeal) Rules, 1969, applicable to Indian Administrative Service (IAS), IndianPolice Service (IPS) and Indian Forest Service (IFS) officers, in this regard.
Ithas decided to include a clause in the existing rules to say “no reviewshall be conducted till the passing of the final order in the court case, ifany, if a member of service is deemed to have been placed under suspensionunder Rule 3 of AIS (D&A) Rules, 1969 on conviction by a court of law incriminal and corruption charges”.
“ThePersonnel Ministry has decided to bring in a major change in the service rulesto ensure corrupt all India services officers are not allowed to be back in thegovernment,” a senior official said.
“Accordingto the proposal, such officers’ cases will not be reviewed by the reviewcommittee if they are convicted by the courts. That means such babus willcontinue to remain suspended for an indefinite period until a superior courtorders otherwise,” the official said.
The DoPT has written to theHome Ministry, which is the cadre controlling authority for the IPS, and to theMinistry of Environment, Forest and Climate Change, the cadre controllingauthority of the IFS officers, besides to the chief secretaries of all thestates and union territories seeking their comments on the proposed changes inthe rules.
They have been asked tosend their comments and views on the proposed amendment by May 15, 2020positively, a communique by the DoPT said.
“If no reply isreceived within the stipulated time, it will be presumed that the stategovernment has no objection to the proposed amendment,” it said.
Anorder of suspension, which has not been extended, shall be valid for a periodnot exceeding 60 days (two months) and an order of suspension which has beenextended shall remain valid for a further period not exceeding 120 days (fourmonths), at a time, unless revoked earlier, existing rule says.
Therules also allow review of the order of suspension by the competent authorityon the recommendations of the review committee concerned.
The review committee constituted by the central governmentshall consist of the secretary to the government of India in the ministry ordepartment concerned as its chairman. It can have additional secretary or jointsecretary in charge of administration in the ministry or department concernedas its one of the members among others.
Thecommittee may, if considered necessary, co-opt an officer of the Department ofPersonnel and Training as well.
The review committee constituted by the state government shall consist Chief Secretary as its chairman and senior most Additional Chief Secretary, Chairman, Board of Revenue, Financial Commissioner or an officer of equivalent rank and status as its one of the members among others.