2-year fixed postings for IAS, IPS and forest service--Times of India 31.01.2014
NEW DELHI: Exactly three months after the Supreme Court directed the Centre to insulate civil servants from political pressure by giving them a fixed tenure, the government has amended the rules governing IAS, IPS and Indian Forest Service (IFoS) officers to assure them at least two years in a given posting.
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. Besides, what could spell relief for bureaucrats like Haryana cadre IAS officer Ashok Khemka and young IAS officer from Uttar Pradesh Durga Sakthi Nagpal, 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.
According to the amendments effected to the IAS/IPS/IFoS cadre rules, 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.
A look at the minutes of a meeting of state principal secretaries (personnel) convened by the Centre in September 2013 shows that no 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.
Even as the Centre pushed the non-committal states for their consent, the Supreme Court on October 31, 2013, passed an order ruling a minimum assured tenure for civil servant, thus paving the way for an amendment of the rules. The ruling was a petition filed by 83 ex-bureaucrats.
Central Indian Civil and Administrative Association secretary Sanjay Bhoosreddy on Thursday welcomed the new cadre rules as a small step towards good governance. However, adding a note of caution, he said, "These guidelines are there since 2008, but the states have not been implementing them. Let us wait and see if the new rules are followed in letter and spirit."
The Civil Services Board for IAS officers would include chief secretary, senior-most additional chief secretary of chairman, Board or Revenue or Financial Commissioner, and principal secretary/secretary, personnel, in the state government. For IPS officers, it shall also consist of principal secretary (home) and the state DGP. For IFoS officers, the two additional members on the board would be principal secretary, forest, and principal chief conservator of forest.
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. Besides, what could spell relief for bureaucrats like Haryana cadre IAS officer Ashok Khemka and young IAS officer from Uttar Pradesh Durga Sakthi Nagpal, 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.
According to the amendments effected to the IAS/IPS/IFoS cadre rules, 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.
A look at the minutes of a meeting of state principal secretaries (personnel) convened by the Centre in September 2013 shows that no 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.
Even as the Centre pushed the non-committal states for their consent, the Supreme Court on October 31, 2013, passed an order ruling a minimum assured tenure for civil servant, thus paving the way for an amendment of the rules. The ruling was a petition filed by 83 ex-bureaucrats.
Central Indian Civil and Administrative Association secretary Sanjay Bhoosreddy on Thursday welcomed the new cadre rules as a small step towards good governance. However, adding a note of caution, he said, "These guidelines are there since 2008, but the states have not been implementing them. Let us wait and see if the new rules are followed in letter and spirit."
The Civil Services Board for IAS officers would include chief secretary, senior-most additional chief secretary of chairman, Board or Revenue or Financial Commissioner, and principal secretary/secretary, personnel, in the state government. For IPS officers, it shall also consist of principal secretary (home) and the state DGP. For IFoS officers, the two additional members on the board would be principal secretary, forest, and principal chief conservator of forest.
SC to bureaucrats: Don't take oral instructions from netas
NEW DELHI: The Supreme Court on Thursday drastically reduced political pressure on top bureaucrats by ruling that they must get an assured minimum tenure in posting.
"Fixed tenure of bureaucrats will promote professionalism, efficiency and good governance," the SC bench observed. "Much of the deterioration in the functioning of bureaucracy is due to political interference," the SC said.
The SC also directed the Centre and state governments to pass an order within three months on giving fixed tenure to civil servants.
The apex court also empowered top bureaucrats to record in writing the oral instruction of political bosses on files so as not to be hounded later on for a particular decision.
The SC said that such recording of political instructions by bureaucrats will also help in promoting transparency and will allow general public to access correct information.
The verdict, which is on the line of apex court's earlier order on police reforms for giving fixed tenure to senior police officers in Prakash Singh case, will go a long way in giving freedom and independence to the functioning of bureaucracy.
The judgement comes close on the heels of controversies surrounding Ashok Khemka, IAS officer of Haryana cadre over DLF-Robert Vadra land deal, and Durga Sakhti Nagpal, UP cadre IAS officer, who was targeted by the state government for alleged misconduct.
The apex court passed the verdict on a PIL filed by 83 retired bureaucrats including former cabinet secretary T S R Subramanian seeking its directions for insulating bureaucracy from political interference.
The petitioners also include former Indian ambassador to the US Abid Hussain, former chief election commissioner N Gopalaswami, former election commissioner T S Krishna Murthy, former IPS officer Ved Prakash Marwah, and former CBI directors Joginder Singh and D R Kaarthikeyan.
"This is a landmark judgement. Public servants are not private servants," Subramanian said.
"Today faith in our Constitution has been reaffirmed...our faith in the strength of democracy has been reaffirmed because the highest court of the land has recognised the problems," he said, adding "malgovernance affected people and quality of administration".
Krishna Murthy lauded the verdict, saying "Good governance is critical to good quality democracy.
"Most of us have seen in our career how most of the transfers, promotions, postings and foreign assignments, all of them are decided on whimsical basis very often," he said.
The PIL had alleged that at present, the system of transfers, postings, promotions, disciplinary action and other personnel matters pertaining to the members of civil services are ad-hoc and non-transparent.
No verbal orders from politicians, no frequent transfers: Supreme Court orders for babus--NDTV--31st October 2013
(My Views Are Given below along with guidelines of Ministry of Finance on the issue of transfers and promotions.)
New Delhi: The Supreme Court today said IAS officers should not take verbal orders from their political bosses, and ordered landmark reforms to insulate the bureaucracy from victimization. The court also asked for a law to check arbitrary transfers of officers, in a verdict seen as a big step towards giving officials some breathing space from political control.
HERE ARE THE 10 DEVELOPMENTS IN THE STORY:
My Opinion is As Follows
In public sector banks, transfers take place purely on the whims and fancies of top officials. Flattery and bribery play the key role and predominant role in transfer and not only transfers but also in all promotion processes. I have been harping on this blatant issue since long but none at top echelon gave value to my views. Performance and caliber of an officer is of no significance in any public sector bank and in any government office or department of Ministry. It is undoubtedly an open secret that performance was never in the minds of top officials when they used to issue transfer orders or they used to promote or reject an officer in promotion process..
As such Today's Historic Supreme Court judgement is enough to substantiate my views expressed during last few years through my blogs. All public servants will welcome this landmark and historic
I reiterate that at least now bank management will take the lesson and modify their Human Resource Policy and try to be perfectly honest in its execution in real sense and in true spirit. It is well known to bank officers how they are tortured by top bosses, how they are forced to sit late and work on Holidays and Sundays and how they are frequently transferred when they do not act as flatterer of their bosses.
It is astonishing that despite clear cut instruction by Ministry of Finance in Jun 2012 that banks should not transfer officers after June month and if transfer after June month is unavoidable , the same should be approved by the board. But Banks are still issuing transfer orders violating the guidelines without keeping in mind even the torture meted out to officer due to frequent arbitrary and whimsical transfers.
It is therefore desirable that Ministry of Finance should verify whether guidelines issued by them are followed in true spirit on ground level. If there is one or two violations, the same may be condoned. But if there are hundreds of violations in each bank every year, MOF should either punish top officials or withdraw their guidelines and give them free hand as they are using free hand to transfer IAS and IPS officers in the country to take revenge from their opponents.
It is however undeniably true that if the verdict of Supreme Court is not put into action in true sense in all government departments, there is no power on earth which can stop corruption and which can ensure safety of bank and health of banks health.
So far as oral instructions from top bosses are concerned , it is open secret that majority of high value proposals originates from branches only when there is huge pressure , oral orders from top bosses to sanction loans to a person or businessman. Majority of promotions take place on the verbal recommendation of some powerful persons only and when any officer recommends anyone's name for promotion, marks are accordingly given in Interview by members of Interview panel.
Even Supreme Court cannot stop such oral instruction. None of junior officers has courage to write down the oral instruction as advised Today by Supreme Court.
Only God can express the true story of banks and government departments.
I submit below the guidelines issued by MOF last year which is blatantly violated by almost all banks but there is none in Ministry to check it and to punish who do not abide by their guidelines. It is easy to frame good laws, frame good policies and frame stringent rules but very difficult to enforce it in true spirit.
F.No.5/5/2012-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the July 9, 2012
To
CEOs of all Public Sector Banks
Subject : Timelines for Promotions/Transfers in PSBs
Sir,
I am directed to refer to this Departments’ letter No. 9/1/2012-IR dated
27.3.2012 and subsequent letter of even number dated 3.5.2012 on the above cited
2. It has been decided that those Banks that are yet to complete the process,
should ensure completion of the promotion/transfer process for the FY 2012-13 by
3. This issues with the approval Secretary (FS).
Yours faithfully,
(Manish Kumar )
Under Secretary to the Government of India Crusade
Promotion policy in PSBs. - New guidelines issued by GOI
F.No.4/11/1/2011-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the May 3, 2012
To
CEOs of all Public Sector Banks.
Subject: Promotion policy in PSBs.
Sir,
I am directed to refer to this Department’s letter of even number dated 14.3.2012 issued in suppression of earlier guidelines dated 5.12.2011 on the above subject and to say that several references received PSBs seeking
relaxations/clarifications in the guidelines have been examined in this Department.
2. In view of the difficulties being experienced by PSBs regarding non- availability of the requisite number of officers in zone for consideration ,due to different profile of officers in Banks, APAR marks, cut-off date, etc, it has
been decided that the following relaxations could be allowed by the Bank, as one time measure, for the promotion process for the year 2012-13:-
(i) The Zone of considerations for promotion should be generally 3 times the number of anticipated vacancies.
However, incase these many officers are not available; the zone of consideration shall be atleast two times the number of likely vacancies. For this purpose, the Board of Directors of the Bank may further relax minimum
eligibility in length of service by upto six months over and above one year already provided in the guidelines dated14.3.2012. The relaxation beyond one year in eligibility shall be granted only to the extent that officers at two
times the number of vacancies become eligible.
(ii) Vacant positions must be filled subject to the suitability of officers within the zone of consideration as per the Guidelines.
(iii) All officers who are eligible on the cut-off date of experience requirement would be included in the zone of consideration.
(iv) The officers against whom disciplinary proceedings are in process would be considered in addition to the requirement of zone of consideration as mentioned at (i) above and the recommendations in respect of such
officers shall be kept in sealed cover.
(v) The requirement of minimum 75% marks in APAR in each of the year under consideration would be relaxed to the extent of 60% marks APAR in each year for only those scales where passing of an examination by IBPS is mandatory for promotion.
(vi) The condition of not granting the benefit of relaxation in minimum experience at two successive levels of promotions in Scale-III and above, as prescribed at para 5(iv) of the guidelines dated 14.3.2012 stands withdrawn.
2. The provisions regarding reservations/concessions, etc, in respect of promotion of SC/ST employees and any other category of employees be followed as per the extant Guidelines in the matter.
3. All Banks are requested to obtain the approval of the Board of Directors for the above at the next meeting and to take action accordingly.
4. This issues with the approval of Secretary, DFS.
Yours faithfully,
(Manish Kumar)
Under Secretary to the Government of India
Copy to:-
1. All Govt. Nominee Directors.
2. NIC Cell for placing on the website
F.No.5/5/2012-IR
So far as oral instructions from top bosses are concerned , it is open secret that majority of high value proposals originates from branches only when there is huge pressure , oral orders from top bosses to sanction loans to a person or businessman. Majority of promotions take place on the verbal recommendation of some powerful persons only and when any officer recommends anyone's name for promotion, marks are accordingly given in Interview by members of Interview panel.
Even Supreme Court cannot stop such oral instruction. None of junior officers has courage to write down the oral instruction as advised Today by Supreme Court.
Only God can express the true story of banks and government departments.
I submit below the guidelines issued by MOF last year which is blatantly violated by almost all banks but there is none in Ministry to check it and to punish who do not abide by their guidelines. It is easy to frame good laws, frame good policies and frame stringent rules but very difficult to enforce it in true spirit.
Fresh Guideline to Banks on Promotion And Transfer by Ministry of Finance
F.No.5/5/2012-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the July 9, 2012
To
CEOs of all Public Sector Banks
Subject : Timelines for Promotions/Transfers in PSBs
Sir,
I am directed to refer to this Departments’ letter No. 9/1/2012-IR dated
27.3.2012 and subsequent letter of even number dated 3.5.2012 on the above cited
subject and to say that the status/progress of promotion and transfer process has
been examined in this Department.
2. It has been decided that those Banks that are yet to complete the process,
should ensure completion of the promotion/transfer process for the FY 2012-13 by
31st July, 2012, except in specific cases where court cases are pending and stay
orders have been granted.
3. This issues with the approval Secretary (FS).
Yours faithfully,
(Manish Kumar )
Under Secretary to the Government of India Crusade
Promotion policy in PSBs. - New guidelines issued by GOI
F.No.4/11/1/2011-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the May 3, 2012
To
CEOs of all Public Sector Banks.
Subject: Promotion policy in PSBs.
Sir,
I am directed to refer to this Department’s letter of even number dated 14.3.2012 issued in suppression of earlier guidelines dated 5.12.2011 on the above subject and to say that several references received PSBs seeking
relaxations/clarifications in the guidelines have been examined in this Department.
2. In view of the difficulties being experienced by PSBs regarding non- availability of the requisite number of officers in zone for consideration ,due to different profile of officers in Banks, APAR marks, cut-off date, etc, it has
been decided that the following relaxations could be allowed by the Bank, as one time measure, for the promotion process for the year 2012-13:-
(i) The Zone of considerations for promotion should be generally 3 times the number of anticipated vacancies.
However, incase these many officers are not available; the zone of consideration shall be atleast two times the number of likely vacancies. For this purpose, the Board of Directors of the Bank may further relax minimum
eligibility in length of service by upto six months over and above one year already provided in the guidelines dated14.3.2012. The relaxation beyond one year in eligibility shall be granted only to the extent that officers at two
times the number of vacancies become eligible.
(ii) Vacant positions must be filled subject to the suitability of officers within the zone of consideration as per the Guidelines.
(iii) All officers who are eligible on the cut-off date of experience requirement would be included in the zone of consideration.
(iv) The officers against whom disciplinary proceedings are in process would be considered in addition to the requirement of zone of consideration as mentioned at (i) above and the recommendations in respect of such
officers shall be kept in sealed cover.
(v) The requirement of minimum 75% marks in APAR in each of the year under consideration would be relaxed to the extent of 60% marks APAR in each year for only those scales where passing of an examination by IBPS is mandatory for promotion.
(vi) The condition of not granting the benefit of relaxation in minimum experience at two successive levels of promotions in Scale-III and above, as prescribed at para 5(iv) of the guidelines dated 14.3.2012 stands withdrawn.
2. The provisions regarding reservations/concessions, etc, in respect of promotion of SC/ST employees and any other category of employees be followed as per the extant Guidelines in the matter.
3. All Banks are requested to obtain the approval of the Board of Directors for the above at the next meeting and to take action accordingly.
4. This issues with the approval of Secretary, DFS.
Yours faithfully,
(Manish Kumar)
Under Secretary to the Government of India
Copy to:-
1. All Govt. Nominee Directors.
2. NIC Cell for placing on the website
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