Rules and Regulations Governing Civil Servants in India

Source-This post on Rules and Regulations Governing Civil Servants in India has been created based on the article “Puja Khedkar controversy: What are the rules governing civil servants” published in “The Indian Express” on 16 July 2024.

UPSC Syllabus-GS Paper-2– Role of Civil Services in a Democracy.

Context– The Centre set up a single-member committee under the Department of Personnel and Training (DoPT) to review all documents submitted by probationary IAS officer Puja Khedkar regarding her civil service candidacy. She was alloted IAS under the Other Backward Classes (OBC) and Physically Handicapped (PH) quotas.

What are the rules governing civil servants in India?

1) The All-India Services (Conduct) Rules, 1968-

1. Scope and Applicability– These rules apply to IAS, IPS, and Indian Forest Service officers from the moment they are assigned their service and start training.
2. Key Provisions

–Rule 3(1): -It requires complete integrity and dedication to duty while prohibiting actions that are inappropriate for a service member.

–Rule 4(1): – It prohibits officers from using their position to secure jobs for family members in private companies or NGOs and clearly defines what constitutes “unbecoming” behavior.

–2014 Additions – It emphasizes high ethical standards, integrity, and honesty, while promoting political neutrality, accountability, and transparency. It encourages responsiveness to the public, especially vulnerable groups, and mandates courtesy and good behavior towards the public.

-Rule 11(1): Officers may accept gifts from close relatives or friends with no official ties during events like weddings, anniversaries, funerals, and religious functions. However, gifts valued over Rs 25,000 must be reported to the government, a threshold updated in 2015

–Decision-Making Guidelines– Decisions must be made solely in the public interest, and officers must declare any private interests related to their duties. They are prohibited from placing themselves under financial obligations and must not misuse their position for personal or family benefits.

2)  Indian Administrative Service (Probation) Rules, 1954

1. Applicability- It governs officers during their probation period, which lasts at least two years after selection and includes training at LBSNAA in Mussoorie.
2. Key Provisions-

1) Entitlements- During probation, officers receive a fixed salary and travel allowance but do not have the same benefits as confirmed IAS officers, such as an official car, accommodation, an office with staff, or a constable.

2) Rule 12: Discharge of Probationers -These include the central government finding the probationer “ineligible for recruitment,” “unsuitable for service,” neglecting probationary duties, or lacking the necessary “qualities of mind and character.”

3) Enquiry Process– The Centre conducts a summary inquiry before issuing discharge orders, and the committee submits its report within two weeks.

Read More– Reforms in the Civil Services – Explained, pointwise

What are the consequences of furnishing false information?

According to a 1993 DoPT circular, government servants who provide false information or certificates should not remain in service. This rule applies to both probationers, who are “discharged,” and confirmed officers, who are “dismissed.”

However, dismissals can be challenged in court, the Central Administrative Tribunal (CAT), and the National OBC Commission, leading to lengthy legal battles during which the officer may remain in service.

Question for practice

What regulations apply to civil servants in India? What are the consequences for providing false information?