[Attachment(s) from Amitabh Thakur included below]
Friends,
At present there are no definite Rules for promotion of IAS, IPS and IFS officers, while so many Rules/Regulations have been framed for almost all aspects of these three All India Services (AIS).
AIS have been framed under Article 312 of the Constitution. Today there are three All India Services- IAS, IPS and IFS. The Cadre controlling authorities for these three services respectively are the Ministry of Personnel, Public Grievances & Pensions, Ministry of Home Affairs and Ministry of Environment and Forest, Government of India.
Later an All India Services Act, 1951 was promulgated as an act to regulate the recruitment and the conditions of service of persons appointed to the AIS and as per section 3(1) of this Act—"The Central Government may, after consultation with the Governments of the States concerned (including the State of Jammu and Kashmir) and by notification in the Official Gazette make rules for the regulation of recruitment, and the conditions of service of persons appointed to an All India Service".
A very large number of Rules and Regulations have been framed in pursuance of power conferred by sub section (1) of section 3 of the AIS Act, 1951. Some of these Rules and Regulations are common to the three All India Services, while there are other specific Rules and Regulations for each of these three AIS.
Thus, while the Central Government has framed Rules and Regulations for all kinds of matters related with these Services, no definite rule for promotion got framed. Instead the promotion of IAS, IPS and IFS officers is being regulated by three separate Government Guidelines passed by their Cadre controlling Ministries. These guidelines do not have the legal sanctity under section 3 of the All India Services Act. What is more noteworthy is that they also seem to be in contradiction to some of the Rules already passed for these officers. While rule 2(a) of the Pay Rules of these services says that there shall be a benchmark score for promotion, these guidelines negate any such benchmark for promotion. These Guidelines talk of Annual confidential report (ACRs) as the basic inputs for assessment while ACRs have got replaced by Performance Appraisal Reports (PARs) since 2007.
The present Guidelines also have many provisions where the scope for discretion seems immense. My personal opinion is that wherever there is discretion, it always has the possibility of being misused. Hence, I have filed Petition No 418 of 2012 in the Central Administrative Tribunal (CAT), Lucknow praying for framing definite Promotion rules for these services.
I consider this a part of my endeavour towards transparent and accountable governance, even though it has its own accompanied risk quotient. To this someone might say that I seem to have perfected the Art of making enemies, but this certainly has its own satisfaction.
I consider this a part of my endeavour towards transparent and accountable governance, even though it has its own accompanied risk quotient. To this someone might say that I seem to have perfected the Art of making enemies, but this certainly has its own satisfaction.
I present a copy of the Petition for your kind perusal and comments, in case you feel inclined to present your views on this legal and administrative matter.
Amitabh Thakur
Lucknow
# 94155-34526
Lucknow
# 94155-34526
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Attachment(s) from Amitabh Thakur
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