4. Case 1
Ritesh was selected to IAS. He joined the Foundation Course in
August 1999 and completed it successfully. During the Winter
study tour, he sustained a serious head injury resulting in his
hospitalization. He was medically unfit to complete the Phase I
and was sanctioned medical leave for a year. He finally
completed his Phase I and II with the IAS batch of 2002.
a. What is the impact of this on Ritesh’s seniority in the IAS.
b. What other factors would determine his inter se seniority.
5. THE IAS(PROBATION) RULES, 1954
RELATING TO SENIORITY
SeniorityofaDirectRecruitprobationer is determined on the basis of:
UPSC Marks
Records intheAcademy andinthe State
Performance in the FinalExamination (rule10)
Incaseofreexaminationduetofailureorsickness,markswontbeconsidered
forseniority
Incaseofequalmarks,dateofbirthistakenintoconsiderationfor
determining seniority.
In caseof cadrechangeon personal request, he/she is placed belowthe
DR officers of the changed cadre though the all-India inter-se seniority
remainunchanged.*
[* Rule6of TheAIS(Seniority) Rules,1987. Both therulesareavailablein in
the Ministry’s website www.persmin.nic.in> Employeescorner>AIS
rules>AIS ManualVol.II
6. Case 2
Alka joined the Foundation course on 10
September2006. She failed the final examinations in
law and management. She continued her Phase I but
did not venture to pass those exams in the next year
too. Meanwhile she went on maternity leave for an
year. In 2008 she rejoined the Phase I. However, she
failed in Public administration too. She completed her
phase II but failed to submit her Village study
assignment. On joining her cadre in 2009, she
disappeared without information. When a review of
such cases was conducted by COE at the Academy in
March 2010, her case was detected. What will be Alkas
fate?
7. PROBATION
on probation for aDirect recruit probationers are appointed
periodoftwo years.
This can be extended to amaximum of another two yearsfor non-
completionof probationarytrainingonthe recommendationof the
Director(Academy) orthe StateGovernment.
Thiscan also be extendedincase ofdisciplinary/criminal charges.
During probation, the probationers have to undergo trainings as
decided by the Director, Academy State Government and pass the
Probationers’FinalExamination.
Ifa probationerfailstofulfil allrequirements prescribedwithin4
yearsofjoiningservices/hecanbedischarged
After completion of probation to the satisfaction of the Central
Government,the probationers areconfirmed.
8. CONFIRMATION
The following required forconfirmation ofa probationer:*
Completionofprobation (course completion certificate issued bythe
Academy)
Recommendation ofthe Review Board ofthe StateGovernment
Verification report ofcharacter andantecedents
Vigilance clearance
Academyhasbeenassignedthejobofsendingtheproposalforconfirmation of
IASprobationersfrom2005BatchonwardstotheCentral Government.#
[*GOI circularNo.14062/35/2007-AIS-IIIdated03.10.2007and#No.14013/12/2005-AIS-III dated
25.07.2008
available in the Ministry’s website www.persmin.nic.in>circulars>Service>Probation/
confirmation]
9. These are the set of rules which governs
various matters relating to the allocations,
postings, cadre reviews, temporary addition to
ex-cadre posts and other alliedthe cadre,
matters
IAS (Cadre Rules), 1954
11. Case 3
Hrithik hails from Gujarat was allocated IAS, West Bengal Cadre.
Latika, a native of Purulia District of West Bengal was allocated
IAS, AGMUT Cadre. They decide to get married while at LBSNAA
during the Foundation Course. What are the options available
for this couple for cadre transfer?
12. Inter Cadre Transfer
Rule 5(2) of IAS (Cadre) Rules 1954 provide that Central Government, with the
concurrence of State Governments can transfer acadre officer from one cadre to
anothercadre.
Inter cadre transfer is permitted to a member of AIS on the grounds of marriage to
anothermemberofAISandon thegrounds ofextremehardshipintherarest of i.e.
(a)threattothelifeoftheofficerorhisimmediatefamilyand
(b) severe health problem to the officer or his immediate due to the climate or
environmentofthe State towhich heisallotted.
Such transfer is notpermitted tothe home State ofofficers.
Not permitted to AIS officer on the ground of marriage to an officer serving in a
CentralService / State Service / PSUor anyotherorganization.
Circularavailable on DOPT website www.persmin.nic/circular/service
13. Inter Cadre Transfer (Contd.)
In cases of inter-cadre transfer on grounds of marriage,
thecadreofoneoftheofficersshouldacceptthe spouse.
OnlyafterensuringthatbothStates,forgenuine reasons
are not in position to accept the other spouse, will the
officersbeconsideredfortransferbythe Governmentof
Indiatoathirdcadresubjecttothe consent ofthe Cadres
concerned forsuchtransfer.
14. Case 4
Tiruppughaz was allocated Nagaland cadre in
2008. He wants to go on deputation to a post in
Delhi or his home state Tamil Nadu.
•Is he eligible for deputation?
•What is the process to be adopted ?
•How long can he go on deputation/
•Would things be different if he belonged to
Kerala cadre?
•What if he wants to join World Bank?
15. Deputation of AIS Officers
Rule6–DeputationofAISOfficerstovariousorganizations. AIS
officercangoondeputationafterserving9yearsinhis/her cadre
andifhe/she is clearfromvigilance angle
AISofficerhastocooloffaftereveryperiodofdeputation under
Rule 6(1) and Rule 6(2)(ii). 3 years up to JS level , 1 year AS
level
Central Government permits deputation of AIS officer
under
Rule 6(2)(ii) in consultation with the
Governmentconcernedandwith the consent oftheofficer.
Different tenures are providedfordifferent deputations
16. DEPUTATION OF IAS OFFICERS
UnderRule 6(1)
tothe posts ofGovernment ofIndia (Central Staffing
Scheme).
toautonomousbodiescontrolledbyCentralGovernment
(NonCentralStaffing Schemes post).
toanother State Government (Intercadredeputation).
UnderRule 6(2)(i)
tobodies controlledbythe State Government onwhose
cadre she/he isborne.
17. DEPUTATION OF AIS OFFICERS
UnderRule 6(2)(ii)
to aninternational organization, anautonomousbodynot
controlled bythe Government,or aprivatebody.
FordeputationunderRule6(2)(ii),theofficershouldnot have
dealtwiththeborrowingorganizationinthelastfive years.
A CommitteeunderchairmanshipofCabinetSecretary screens
application/requestsseeking deputationunderrule 6(2)(ii).
RecommendationsoftheCommitteeareapprovedbythe MOS
(PP)(forofficersbelowthelevelofJS)andPrime Minister(for
officersofthe level ofJS & above).
DetailedinstructionsregardingdeputationofAISofficerscan beseenonthe
DoPT websitewww://http.persmin.nic.in –DoPT - OMs and orders –
Services - others
18. Inter Cadre Deputation
Inter cadre deputation is covered under Rule 6(1) of IAS (Cadre)
Rules,1954
Minimum9yearsofserviceinhisorhercadreandbeforereaching the
Super-Timescale inhis orher Homecadre is pre-requisite.
Maximum permissible period of inter cadre deputation in entire
careerisfiveyears.Initially,intercadredeputationisallowed normally
foraperiod ofthree years.
Extension of tenure is not automatic and it is the responsibility of
the officertogetrelieved on the last dayofdeputation.
Circular available on DOPT website
www.persmin.nic/circular/service
19. Inter Cadre Deputation (Contd.)
In case of officers cadre seeking inter cadre deputation to North-East
(other than Home cadre), the maximum term of deputation is
extendable to9years.
IfNorthEast is homecadre -5years.
All lady officers borne on the cadre of North-Eastern State, can go on
inter cadre deputation after completion of 6 years of actual service in
North-East.
Would also be eligiblefor deputation foramaximum period of9 years
instead of5years.
Will alsohavetheflexibilitytoutilizemaximumallowableperiodof inter
cadre deputation intwo spellsinstead of one.
20. Inter Cadre Deputation (Contd.)
Consent of both the State Governments, i.e. the State Cadre to
which officer belongs and the State Cadre to which officer
intends toseek deputation to, isrequired.
OfficerseekingdeputationtothecadresofChhattisgarh, Sikkim,
Nagaland, Uttaranchal and Manipur are required to complete
minimum3 yearsintheircadre. Maybeconsidered even if they
arein super-timescale.
State of Mizoram and Arunachal Pradesh in AGMUT Cadre are
also covered under this policy. Guidelines were for aperiod of 3
yearsandarebeingreviewed.
29. •TAKE DECISIONS IN PUBLIC INTEREST
•DECLARE CONFLICT OF INTEREST
•MISUSE OF POSITION, INFORMATION
•MERIT BASED DECISION MAKING
•LAWFUL
•DISCIPLINED
•IMPLEMENT ALL LAWFUL ORDERS
•DEDICATION & PROFESSIONALISM
•OF SELF AND OTHERS UNDER CONTROL & authority
30. •MARRIAGE
•DOWRY
•USE OF GOVT ACCOMODATION
•LENDING & BORROWING
•SPECULATING
•EMPLOYING UNDER 14 YEARS
•INSOLVENCY & INDEBTEDNESS
•HOUSE CONSTRUCTION
•STUDY
•FINANCIAL MATTERS
PERSONAL ISSUES
31. T
THREE DEADLINES
January - Immovable Property returns
February – Income tax deduction
31st March – Personal Appraisal Report
LOKPAL RETURNS
32. Returns
He/she shall submit:
Return of assets and liabilities at the time of joining (rule
6(1))
Subsequent transaction of immovable property- sale,
purchase ,lease,inherited in own or family or any other
name (rule 16 (3) )
Subs.transaction of movable property exceeding two months
basic pay* (rule 16 (4) )
Filing of annual property returns of immovable/movable
property.(rule 16(2) )
33. 1. Mr. A serving as Principal Secretary, Education in the State
Government. The Department of Primary Education was
responsible for ensuring implementation of Mid-Day Meal
Programme. As a strategy to implement Mid-Day Meal, NGOs
were co-opted for running centralized kitchen from where
cooked food was sent to tagged primary and middle schools. Mr.
A’s son Mr. X was selected through a campus interview in his
business school to head the operations of centralized kitchen run
by NGO C. What is the course of action for Mr. A?
Caselets on Conduct
34. 2.
a. Mr. M was fond of hosting parties. He had a good taste in food
and wines. Often it was observed that Mr. M would get over
drunk and pass out. Initially this was confined to private parties.
However, soon it was observed that Mr. M reached office in a
tipsy manner.
b. Mr M on tour would insist on being accommodated at a Five
star hotel. He would host parties there for which he expected the
PSU he headed to pay the bill.
35. 3.Ms. Q was posted as a Head of Department. She hosted a
birthday party for her son and invited all subordinates officials.
Many officials carried gifts for the kid. Towards the end of the
party, one official and his wife approached Ms. Q and constantly
drew her attention to the small gift pack which they handed over
to her in the party some time ago. Ms. Q felt strange. After the
party was over, she opened all the gifts packs and found that the
small gift pack that was being constantly pointed out contained a
gold chain and a diamond ring.
What would you do if you are Ms. Q?
36. 4.Mr. Anand was posted as Managing Director,
State Power Distribution Company and State
Power Holding Company. In this capacity he had
a visit to South Africa to discuss and negotiate a
deal with an International Power Corporation.
During the course of this visit both International
Power Corporation and the Embassy presented
several gifts to Mr. Anand.
What should he do with the gifts?
37. 5. Ms. Z was a freelance journalists and amateur writer before she
joined Government Service. A reputed publisher approached her
for publishing a set of poems which she wrote eulogizing culture
of the State. Does she require sanction of the Government for
going ahead with the publication?
6. The Chief secretary received a complaint about a Senior Officer
that he was spending all his time during office hours with a
Cultural organization involved in popularizing theatre.
38. 7.
Mr. O was an officer of the All India Services was notified as a
Vice-Chancellor of the Technical University. He took this as an
opportunity to rid the higher education of its maladies. The
students unions and teachers unions were up in arms against
him. Several delegations met the Hon’ble Governor of the State.
In due course almost all orders issued by Mr. O were stayed by
the office of the Chancellor. Mr. O felt frustrated and wrote an
article highlighting the need for reforming the Higher Education.
In this article he criticized the role of the Ministry of Human
Resource Development, Govt. of India, the inefficiency of the UGC
and the role of Government in ensuring that the Universities
remained politicized. The Government took cognizance of this
and issued a show-cause notice to Mr. O. Do you think he violated
Conduct Rules? As a citizen of India, does he not have the Right to
freedom of expression?
39. 8. Wife of X was contesting elections for the post of MLC in his
home district. X takes a leave of absence from his office for a
fortnight and accompanies his wife on campaign.
9. R contests for the post of honorary secretary of a local
cultural club which has many poets, artists and intelligentsia
as members.
10. M is accused of physically assaulting his wife. The wife
refuses to file an FIR. However, neighbours lodge a written
complaint with HOD
40. 11.
a.Ms Alka has recently joined the government service in a senior
post. She felt that grave injustice is being done to her in a matter
of selection of delegates to Civil services day. She sends a letter
addressed directly to the Hon’ble President of India. The
President Secretariat forwards this letter to the concerned
department .
b. A young enthusiastic officer initiates a program for improving
transparency. He sends a letter addressing the Chief Minister that
the program may be adopted all over the state.
41. 12. G was transferred out of the District. He attended well over
20 felicitations where his work was eulogised and several
gifts were handed over to him. A huge procession consisting
of more than 100 vehicles was organized during which a
beaming G stood on an open jeep> Media gave wide coverage
to the event.
13. A local body of businessmen then honoured G by handing
over a title to G which sounded bombastic. Incidentally he
was transferred to the Commercial taxes department.
42. Recapitulation
PRIOR SANCTION OF THE GOVERNMENT –
1. FOR EVIDENCE BEFORE COMMITTEES
2. ASK/ACCEPT/ASSOCIATE – SUBSCRIPTIONS
3. ACCEPT FEE FOR WORK FOR PUBLIC/PRIVATE BODY
4. CONSTRUCTION/ADDITION – HOUSE
5. EMPLOYMENT WITH NGO/ PVT SECTOR
6. IFS OFFICERS TO MARRY FOREIGN NATIONALS
43. Recapitulation
REPORT TO THE GOVERNMENT –
1. GIFTS WORTH MORE THAN 25,000
2. EMPLOYMENT OF A FAMILY MEMBER IN NGO/FIRM
3. ACQUISITION OF MOVEABLE PROPERTY WORTH TWO
MONTHS OF BASIC PAY
4. MARRIAGE WITH A FOREIGN NATIONAL
44. Recapitulation
not to criticize any of the govt. policies (rule 7)
not to communicate information unauthorizedly (rule 9)
not to associate with any fund raising drive- donations/
contributions even for a charitable cause.(rule 10)
Gifts of more than 25,000/- from near relatives gifts of more than
5000/- from others- prior sanction.(rule 11)*
Accepting public honour- receive valedictory, testimonial,
entertainment,or induce other govt.servant to subscribe to private
entertainment- prior sanction. (rule 12)
.Clarification on Fee;above limit of Rs.1500, 1/3rd to CFI (rule
13)**
** Govt of India decision under Rule 13- OM No. 11017/02/2015-AIS-III, dated 14.08.2015
45. Recapitulation
Apart from these,the member of the service should observe
cultural norms avoid canvassing for furthering interest
pertaining to his/her service,social norms relating to
marriage, abide by laws relating to consumption of
intoxicants etc.(rules 17-20)
A member of the service should not communicate directly
with the Central Government or senior functionaries .
[These rules are available in the Ministry’s website
www.persmin.nic.in> Employees corner>AIS rules>AIS ManualVol.I
46. THE AIS(LEAVE) RULES, 1955
Leave cannot be claimed as of right.(rule 3)
Leave cannot be granted for a continuous period exceeding
five years.(rule 7.1)
A member of the service may be deemed resigned from the
service if he/She:
Is absent without authorization for a period exceeding one
year in continuous of leave/permission, or
is absent from duty for a continuous period exceeding five
years even if the period of unauthorized absence is for less
than a year, or
continues of foreign service beyond the period approved by
the Central Government.
However, a reasonable opportunity would be given to him
before imposing the provision.(rule 7.2)
47. THE AIS(LEAVE) RULES- (Contd.)
A moSisentitledto
EarnedLeave 30days
Half-pay leave 20days
Commutedleave 90days inentireservice
Leavenotdue 360daysinentireservice
Specialdisabilityleave
Extraordinaryleave,
Studyleave (rules13-17)
[These rules are available in the Ministry’swebsite
www.persmin.nic.in> Employeescorner>AIS rules>AIS Manual Vol.I ]
49. Ex India Leave
•Leave in continuation of duty abroad
fora period ofmaximum 21days
•a minimum of 4 days under certain
conditions.
•Priorapprovalessentialtoavailthis
52. AIS(STUDY LEAVE) REGULATIONS, 1960
Normally12months
Total periodofstudy leave is 24monthswhich can becombined
with anykind ofleave for36 monthsforPh.D. (Reg.4&5)
Study allowance can be granted forEx-Indiastudy.(Reg.7)
MoSispermittedtoretainanyscholarshiporstipendawardedby
the institution orgovernment.(Reg.7)
Negotiationforfinancialassistancefromothersourcesrequires
priorapproval ofCentralGovernment. *
*[GOI circular No.11020/13/2008-AIS-III dated 27.03.2009 available in the
Ministry’s websitewww.persmin.nic.in>Circular>Service>Leave/study
53. AIS(STUDY LEAVE) REGULATIONS
Theproposal ofstudy leave should contain,inter-alia:
Offerofadmission fromtheinstitute
Finance andsourceoffunding,
RecommendationoftheCadre
Vigilanceclearance
FCRA clearance from MHA andpoliticalclearance fromMEA
[GOI circular No.11019/07/2003-AIS-III dated 05.12.2007 available in
the Ministry’s website www.persmin.nic.in> Employees corner>AIS
rules>AIS Manual Vol.I > TheAIS(Leave)Rules,1955]
56. Rule 16(2) of AIS(DCRB)Rule ,1958
Three months priornoticetothe state government
When under suspension, shall retirefrom
service , withthe specific approval of the
CentralGovernment .
StateGovernmentmayrelaxthe periodof notice.
58. Mos may retire from service on the date on which he completes 20
yearsofqualifyingserviceoranydatethereaftertobespecifiedin the
notice.
Three months’ previous notice in writing to the State Government
concerned.
Providedalsothatamemberof theServiceborneontheN.E Cadres
mayretire from service on the date on which he/she completes 15
years.
Rule 16(2A) of AIS(DCRB) Rules, 1958
59. CompetentAuthority for acceptance of Voluntary retirement
Prior approval of theCentralGovernment isrequired.
MOS(PP)isthecompetentauthoritytoacceptvoluntaryretirementof
IAS officersunder Rule16(2A) ofAIS(DCRB)Rules, 1958
AftertheCentralGovernmentconveysitsapprovalforacceptanceofthe
voluntaryretirement,theconcernedStateGovernmentissuestherequisite
notification.
Rule 16(2A) of AIS(DCRB) Rules,1958 (Contd.)
60. Rule of Prematureretirementin public interest
the date on which such member completes thirty years of qualifying
service or attains fifty years of age or on any date thereafter to be
specifiedinthe notice.
Centralgovernment in consultation with stategovernment
Threemonthsnoticeorthreemonthspayandallowancesinlieuof such
notice
Rule 16(3) of AIS(DCRB) Rules, 1958
61. Competent Authority for acceptance
State Government takes a view that a member of the All-India Service should be
retired from service inthe publicinterest
Make a proposaltothe CentralGovernment giving fullreasonsin justification .
WheretheCentralGovernmentdecidesthatanofficershould beretiredfrom service
in thepublicinterest,itshallseektheviewsoftheStateGovernment concerned.
In casesofretention the approval ofthe MOS(PP)isrequired
Finalauthority forcompulsory retirement is the PMthrough theACC
Rule 16(3) of AIS(DCRB) Rules, 1958 (Contd.)
