A recent occurrence in India has brought to light the procedural details of a government officer’s resignation and reinstatement. The case pertains to an Indian Administrative Service (IAS) officer who tendered his resignation as a protest against the escalating killings in Kashmir in 2019. Intriguingly, this officer was recently reinstated, raising questions about the underlying regulations concerning an officer’s resignation and potential reappointment.
The Rules for IAS Officer Resignation
The resignation process of officers from the three All-India Services is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958. The All-India Services incorporate the Indian Administrative Service (IAS), the Indian Police Service (IPS), and the Indian Forest Service (IFS). Similar rules apply to officers from other central services as well.
What Does Resignation Entail?
Resignation translates to a written intimation by an officer expressing his or her intention to depart from the service either immediately or on a future specified date. The resignation must be explicit, unambiguous, and unequivocal. It’s essential to note that resigning from service is not synonymous with accepting the government’s Voluntary Retirement Scheme (VRS). While VRS beneficiaries are entitled to pension perks, individuals who resign do not receive the same benefits.
The Submission Process
For a state deputation, the resignation is submitted to the chief secretary of the state, whereas for a central deputation, it’s tendered to the secretary of the concerned Ministry or Department. This Ministry/Department then forwards the resignation to the concerned state cadre, including its feedback or recommendations.
Aftermath of Resignation Submission
Subsequent to the resignation submission, at the state level, the state verifies if any dues are pending against the officer, as well as the vigilance status of the officer or whether any corruption charges are pending. The resignation is typically rejected if such cases exist. At the central level, the resignation is evaluated by the competent authority, i.e., the central government, but only after the recommendation of the concerned cadre has been received.
Circumstances for Resignation Acceptance or Rejection
When a government servant under suspension submits a resignation, the competent authority examines the merits of the disciplinary case pending against the servant to ascertain if it’s in the public interest to accept the resignation. However, a resignation can be rejected if disciplinary cases are pending against officers.
Resignation Withdrawal After Submission
According to Rule 5(1A)(i) of the amended DCRB Rules, the central government may permit an officer to withdraw his/her resignation on grounds of “public interest”. The period of absence from duty between the date on which the resignation becomes effective and the date of duty resumption, consequent to the resignation withdrawal permission, must not exceed ninety days.
UPSC Civil Services Examination, Previous Year Questions (PYQs)
A previous question from the UPSC Civil Services Examination aimed to understand the powers shared equally by Rajya Sabha and Lok Sabha, emphasizing the relevance of these subjects. The answer revealed that both houses have equal powers in amending the constitution, among other critical matters. The question further illustrated that the Council of Ministers is collectively responsible to Lok Sabha, indicating that the ministry stays in office as long as it enjoys the confidence of the majority of the Lok Sabha members.
