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What are the rules for resignation and reinstatement of an officer?

GS Paper 2:

Topics Covered: Role of civil services.

 

Context:

Indian Administrative Service (IAS) officer Shah Faesal, who resigned from the service in protest against the “unabated” killings in Kashmir in 2019, has been reinstated.

  • Faesal’s resignation, in January 2019, had not been accepted by the government, pending investigation into some of his posts on social media.

 

What rules apply when an IAS officer chooses to resign?

The resignation of an officer of any of the three All-India Services — IAS, the Indian Police Service (IPS) and Indian Forest Service — is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.

  • An officer serving in a cadre (state) must submit his/her resignation to the chief secretary of the state.
  • An officer who is on central deputation is required to submit his/her resignation to the secretary of the concerned Ministry or Department.

Before forwarding the resignation to the central government, the concerned state is supposed to send information on the issues of dues and vigilance status, along with its recommendation.

 

Can the resignation be rejected?

The state checks to see if any dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are pending against him/her. In case there is such a case, the resignation is normally rejected.

 

Competent authorities are:

Minister of State at the Department of Personnel & Training (DoPT) in respect of the IAS, the Minister for Home Affairs in respect of the IPS, and the Minister for Environment, Forest and Climate Change in respect of the Forest Service.

 

Is an officer allowed to withdraw a resignation that has already been submitted?

The central government may permit an officer to withdraw his/her resignation “in the public interest”.

 

Insta Curious:

Did you know that Resignation from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS)? Those who take VRS are entitled to pension, whereas those who resign are not.

 

InstaLinks:

Prelims Link:

  1. Central Civil Services Rules.
  2. IAS Rules.
  3. Resignation of Central Services Officers.
  4. Resignation of All India Services Officers.

Mains Link:

Is an officer allowed to withdraw a resignation that has already been submitted? Discuss.

Sources: Indian Express