UPSC IAS 2022: Can IAS Officers Be Reinstated After They Resign? Check Rules of Reinstatement of Civil Servants

Can IAS Officers be reinstated after they resign from their services? Check the process of reinstatement of Officers of All India Services below. 

Updated: May 2, 2022 17:08 IST
UPSC IAS 2022: Can IAS Officers Resign & Rejoin?
UPSC IAS 2022: Can IAS Officers Resign & Rejoin?

Recently IAS Officer of Kashmir cadre, Shah Faisal has been reinstated in his office on April 30, 2022. Shah Faesal's reinstatement as an IAS Officer has made the nation question if even after resignation, IAS officers can be given their job back? 

Shah Faesal resigned on account of unabated killings in Kashmir in 2019. Shah Faesal resigned in the year 2019 and is back into his services and position in 2022.  Check if IAS officers can be reinstated after they resign from their services? What are the rules of reinstatement? What rules of DoPT allow the UPSC CSE qualified Administrative officers to be back in their jobs and positions even after they resign. 

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IAS Shah Faesal’s Reinstatement Debate:

Shah Faesal's resignation was not accepted by the Government as there was a pending investigation of his social media posts. The fact that his resignation was not still accepted, is the major reason for him to return or be reinstated to his post. 

As per the rules of July 2011, the notification reads, "an officer can withdraw his resignation if the resignation was tendered “for compelling reasons which did not involve any reflection on his integrity, efficiency or conduct."

These rules are called, All India Services (Death-Cum-Retirement Benefits) Amendment Rules, 2011. Shah Faesal's resignation was not accepted and was pending with DoPT from 2019.  

However, the Department of Personnel and Training, (DoPTs) website during these intervening three years from 2019 showed Faesal as a “serving” officer. All this was despite the fact, that he tried to move into politics by forming a political party as well. The Central government has now accepted IAS officer Shah Faesal's application for withdrawing his resignation and reinstated him in service.

How Does a Civil Servant Resign? The Process- 

Any Civil Servant resigns with a formal intimation with the intention to leave the Indian Administrative Services. The resignation is to be submitted to the concerned ministry or the Department in case of Central deputation while in state deputation, the resignation is submitted to the chief secretary of the state. 

What happens once the resignation is tendered?

In case an IAS officer resigns, the resignation is considered by the competent authority- the central government. This is done once the concerned cadre's recommendation is received. 

The authorities that are considered are

  • Minister of State at the Department of Personnel & Training (DoPT) in respect of the IAS
  • The Minister for Home Affairs in respect of the IPS
  • Minister for Environment, Forest and Climate Change in respect of the Forest Service.

However, the officer is not reinstated in cases where:

  • He/ she joins any private sector organization after tendering the resignation
  • In case a Civil servant joins any political party or any organisation which takes part in politics or is associated with any political movement. 

UPSC: DoPT Rules For Resignation Withdrawal of IAS

The resignation of any officer of the three All-India Services is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958. The three services are IAS, IPS and IFS (Forest). 

The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions:-

  1.  In case the resignation was tendered by the member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation; 
  2. If during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the member concerned was in no way improper;
  3. The period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
  4. The post, which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post, is available. 

The Resignation can be rejected if disciplinary cases are pending against officers and if the concerned officer has executed any bond to serve the government for a specified time period. 

Source: DoPT Website

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