Rule 6(1) of the Indian Administrative Service (cadre) Rules, 1954 – UPSC Prelims

  • Following the absence of the West Bengal Chief Minister at the review meeting on Cyclone Yaas with the Prime Minister, the appointments committee of the Union Cabinet attached the State’s Chief Secretary to the Centre.
  • The Department of Personnel and Training (DoPT) invoked Rule 6(1) of the Indian Administrative Service (cadre) Rules, 1954 to place the services of West Bengal Chief Secretary Alapan Bandyopadhyay with the Government of India.
  • The order asked the State government to relieve the officer with immediate effect and directed him to report to the DoPT office at North Block in Delhi.
What do the rules say?
  • For the premier civil services (IAS, IPS and Indian Forest Service) officers of the state cadre are allotted by the Centre from a pool of officers.
  • From time to time, a certain number of officers are sent on central deputation.

  • The Centre can take no action against civil service officials who are posted under the state government.
    • 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, or is deputed for service under any company owned or controlled by the Government of a State, or in a local authority set up by an Act of the Legislature of that State.
    • For any action to be taken on an officer of the All India Services (IAS, IPS, IFS), the state and the Centre both need to agree.
  • Rule 6(1) states that “provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government shall give effect to the decision of the Central Government.”
Practice followed for Deputation:
  • Before any officer of All India Services (AIS) is called for deputation to the Centre, his or her concurrence is required.
  • The Establishment Officer in DoPT invites nominations from State governments.
  • Once the nomination is received, their eligibility is scrutinised by a panel and then an offer list is prepared, traditionally done with the State government on board.
  • Central Ministries and offices can then choose from the list of officers on offer.
  • AIS officers are recruited by the Centre and they are lent to States.
What if the officer refuses to comply with the order?
  • The All India Services (Discipline and Appeal) Rules, 1969 are not clear on the punishment in such cases.
  • But Rule 7 says the authority to institute proceedings and to impose penalty will be the State government while he or she was serving in connection with the affairs of a State.
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