Thursday, May 26, 2016

If an IAS or IPS is suspended, state govt must inform Centre within 48 hours; extension of suspension now needs Centre’s nod, say amended rules

IF AN All India Service officer (meaning IAS, IPS and Indian Forest Service) gets suspended or deemed to have been placed under suspension, the information in this regard needs to be communicated to Government of India “expeditiously” and “within the period of forty-eight hours”, according to the amended procedure under AIS (D and A) Rules, 1969, which was placed as an annexure with a DoPT office memorandum dated May 25, 2016. The government also reiterates the need to follow the amended rules by all GoI ministries, departments and even the state governments. Earlier, the state governments used to suspend IAS, IPS officers but…
did not need to formally inform about it to the Centre. In some cases in the past, like the one with suspension of Durga Shakthi Nagpal by the UP government, the Centre and the states entered into a phase of uneasy relations over suspensions.
The amended rules further say that “a copy of the suspension order along with the reasons or grounds of suspension shall be communicated to the Cadre Controlling authority in the Central Government not later than forty-eight hours”. Also, the states have also to send a detailed report on the suspension to the Centre within 15 days.
Whereas DoPT is the cadre controlling authority for IAS officers, it’s the ministry of home affairs for IPS and the ministry of environment and forests for IFoS officers. 
The other points in the amended procedures include:
1. An officer who is detained in official custody whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended by the government concerned.
2. A detailed report of the suspension shall be forwarded to the Central Government within a period of 15 days from the date on which the member of the Service is suspended or is deemed to have been suspended, as the case may be.
3. Where a state government passes an order for suspension of an officer it will be valid for a period of 30 days. Further extension for 30 days requires confirmation by the Central Government.
4. An order of suspension which has been extended shall remain valid for a further period not exceeding 120 days, at a time, unless revoked earlier on the recommendation of the Central/state review committee.
5. The period of suspension may further be extended for a period of 180 days at a time on the recommendation of the central/state review panel.

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