The Central Government’s recent changes to All India Services (AIS) rules have stirred a lot of discussion. These adjustments, particularly those involving retirement benefits and allowances for misconduct among AIS officers, have sparked widespread interest. The Ministry of Personnel, Public Grievances and Pensions, via the Department of Personnel and Training (DoPT), has implemented these modifications.
All about the AIS Changes
According to recent amendments to the All India Services (Death-cum-Retirement Benefits) Rules, 1958, the central administration now holds the authority to withhold or withdraw the pension of IAS, IPS, and IFoS officers accused of grave misconduct or serious crime. A grave misconduct includes communication or disclosure of classified documents or information as specified in the Official Secrets Act whilst a serious crime includes any offence under the Official Secrets Act. This power doesn’t require a reference from the respective state government in which the officer served.
Impact of the Rule Changes on AIS Officers
The new rules have given the central government unprecedented power over retired AIS officers. Under the revised rules, officials from intelligence/security-related organizations are prohibited from writing or publishing anything without first obtaining clearance from the head of their organization. Expressing or sharing sensitive information in media or books will result in action against the officials concerned.
This may impact state control over bureaucracy and create legal and administrative disputes due to the new unrestricted power the central government holds over retired officers. Essentially, the federal government does not need to wait for a reference from a state government to take action against an officer found guilty of serious misconduct or crime.
Understanding All India Services (Death-cum-Retirement Benefits) Rules, 1958
The All India Services (Death-cum-Retirement Benefits) Rules, 1958 were established under Section 3 of the All-India Services Act. 1951. The rules apply to all individuals who retired from the service on or after October 29th, 1951 but don’t apply to members of the Service who were promoted from State Services or appointed under the Indian Administrative Service (Extension to States) Scheme or the Indian Police Service. Also, these rules do not apply to the people appointed to the service on or after January 1, 2004.
The newly amended 2023 rule has certainly invoked much discussion and debate. It remains to be seen how these changes will impact the relationship between the central government, state governments, and retired AIS officers in the future.