The Union Government decided to amend the rules governing IAS, IPS and Indian Forest Service (IFoS) officers to assure them at least two years in a given posting on 30 January 2014. The rules were amended following the Supreme Courts direction to check the unnecessary political interference.
The highlights of the amended rules for IAS/IPS/IFoS cadre
• Every state will now have to make appointments of cadre officers on the recommendation of a Civil Services Board constituted by it under chairmanship of the chief secretary.
The transfer of a cadre officer before the minimum specified tenure can be done only on the recommendation of the Board.
• The competent authority may reject the recommendation of the board, but the reasons thereof must be recorded.
• A cadre officer appointed to any cadre post shall hold the office for at least two years unless in the meantime, he/she is promoted, retired or sent on deputation outside the state or training exceeding two months.
• The fixed tenure may be specified by the state government in the case of cadre officer appointed to non-cadre posts.
• The Board shall examine cases of premature transfers, consider for transfer before fixed tenure based on circumstances it thinks fit, and recommend to the competent authority names of officers for premature transfer with reasons to be recorded in writing.
• The board can seek justification from the administrative department of the concerned state for premature transfers, obtain comments or views of the officer proposed to be transferred, and not recommend premature transfer unless satisfied with the reasons.
• The board shall also submit a quarterly report to the Centre giving details of officers recommended to be transferred before the minimum tenure and the reasons thereof.
Earlier in a path-breaking judgement given by the Supreme Court on 31 October 2013, the SC had 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.
Not more than 13 States had notified IAS (cadre) rules for stability of tenure, while 11 states were yet to do so. The states of Bihar, Maharashtra, Gujarat and West Bengal were disinclined to notify the rules, citing reasons like legal complications, existence of a similar law and already stable tenures.