Historical Background

Indian Civil Service: Background and Development The Indian civil service
system is one of the oldest administrative systems in the world. It had its
origin in the Mauryan period during ancient India. Kautilya's Arthashastra
lays down the principles of selection and promotion of the civil servants, the
conditions of loyalty for appointment to the civil service, the methods of their
performance evaluation and the code of conduct to be followed by them. 1 In
medieval India, the Mughals set up their own civil service systems which
centred on the management of land revenue, administration of government
factories and establishment of the patrimonial state. There is no account of
the organisation of the civil service pertaining to the ancient Indian state
(200 BC - 1000 AD). However, in the Mauryan period (313 BC), Vishnugupta
(also called Kautilya) authored the treatise known as Kautilya's
Arthashastra. Kautilya laid down the qualifications of the civii servants for
appointment to the court. He described the views ·Of various experts on this
issue. In his view, loyalty and sincerity were to be the two main
qualifications in a person to be appointed as a civil servant. Kautilya also
suggested some checks and balances on the appointment of civil servants.
He prescribed a clearance by the vigilance department of the state for the
appointment of civil servants. He recommended a continuous watch on the
functioning of the civil service and a briefing to the king on the performance
of the civil servants on a regular basis. Kautilya talked of the various heads
of the different branches of the civil service. The superintendent of trade was
to head the commercial service, including internal and external trade and in
that capacity was expected to organise an array of functionaries engaged in
such service. The superintendent o government lands, and regulation of the
lands belonging to individuals.2 His primary job was to formulate
agriculture policy and ensure its implementation. The superintendent of
chariot was the head of the defence department. Besides ensuring the
security of the people from foreign aggression and preserving the safety of
the borders, he was responsible for the matters related to defence
production, which invariably had to take • place in the defence factories
owned by the state. He had to deal with the matters relating to the army and
appointments of the heads of the defence factories. The superintendent of
mines was head of the department of mines, dealing with the mining of
various minerals such as gold, copper, iron, diamonds, etc. Among other
things, he had to appoint efficient mining engineers on the basis of a test
which would invariably help an examination of their knowledge about the
inner and upper crusts of the earth. The superintendent of forests was head
of the department of forestry. He had to ensure the protection and
conservation of forests and be in charge of the formulation of policies
concerning the growth of forests. The superintendent of weight was head of
the weights and measures department. He was assisted by trained
inspectors who were responsible for conducting surprise checks to ensure
the correctness of the various weights and measures. He was also competent
to prescribe punishments to errant not complying with the state provisions
of transacting the business with specific kinds of weights and measures. The
superintendent of textiles was responsible for formulating the textile policy
of the state, running of the textile factories, and providing employment to
socially discarded people and those living in abject poverty. The
superintendent of audit was the chief of the audit. He had a cadre of officials
supporting him in the task of auditing the state accounts and examining the
state budgets. Kautilya laid down a code of conduct for the civil servants
who prescribed swift promotions for efficient and effective officials, and
severe punishment for those who were corrupt. The severest punishment
suggested by Kautilya was beheading such corrupt civil servants. Kautilya 2
R. K. Mishra, National Civil Service System in India: A Critical View,
(Indiana: Bloomington, 1997), pp.5- 9. 190 talked of the responsiveness of
the civil servants since he believed in the view that the power of the state
came from its subjects.3 During the medieval period (1000-1600 AD), Akbar
the Great founded and nurtured the civil service. During his period, he
initiated land reforms (1457 AD), and established the land revenue system
which later became a major constituent of the Indian taxation system. His
civil service had welfare and a regulatory-orientation. The East India
Company had a civil service responsible for carrying out commercial
functions. They were far away from the common people, as they never tried
to mix with and impress upon them that they had been there to bring about
a transformation in the Indian society. The British civil service came on the
Indian scene after the takeover of the East India Company in the 1860s.4
Initially the British civil service was a part of a police state, with the major
task was that of carrying out law and order functions. It was separated as
the different provinces had different civil services. There was no code of
conduct developed by any of the British-India provinces. The functionaries
of the different provinces were free to appoint people of their choice. Officials
were handpicked both from the army and non-army fields. Their pay and
allowances were subject to the discretion of the government, which was
considered to be very high by the standards prevailing then. The term civil
service is an Indian contribution to the discipline of public administration.
To distinguish the government officials from the army officials, the term civil
service was used by the British government in undivided Punjab in the later
part of the 18th century. 5 The East India Company, which ruled India for
about 150 years, did not set up any civil service as its mandate was limited
to commerce. The British rule came to India in the 1850s. However, as the
British had a long-term interest to stay in India, they consolidated their
power and laid down the foundation for a unified India. Th'l's required the
setting up of a strong civil service. They enacted a Civil Service Act and
included the 3 1bid. 4 S. R., Maheshwari, Public Administration in India,
(Delhi: Macmillan, 2000), pp.11-14. 5 1bid. 191 civil servants on the Council
of Administrators, which resulted in the accrual of both political and
administrative powers to the civil servants in India. The British constituted
the Indian civil service, with the membership of the service being confined
only to the British initially, but over a period of time the membership was
thrown open even to the Indians. Up to 1935 the British dominated the
Indian civil service in terms of numbers. However, introduction of interim
rule in 1935 led to a significant change of the domination of the Indians in
the civil service.6 The British government set up the Indian civil service in
1911, primarily with the objective of strengthening the British
administration in the UK. It was not successful; however it very useful to
retain the idea for strengthening the administration of its colonial base in
India. Initially the recruitment to the Indian civil service was confined only
to the British. The minimum age of entry was kept at 19 years and the
maximum age was prescribed as 21 years. The language of examination was
English. The only centre for conducting the examination was London.
However, due to pressures and demands raised by the Indian National
Congress in 1921, Indians were allowed to take the examination. In 1922
one Indian passed the Indian Civil Service Examination. Later, on the basis
of the recommendations of the Aitchison Committee, the minimum and
maximum ages were increased from 19 and 21 years to 20 and 22 years
respectively. The candidates were allowed to take the examination both in
London and India. A ratio of 50:50 was decided for the British and the
Indian people for intake in the Indian civil service. In 1935 the British
government decided to establish interim rule in the various provinces of
India, which resulted in an exodus of the British subjects as civil servants
and as a result, the number of Indian subjects in the Indian civil service
increased tremendously. Though initially the British government set up only
the Indian civil service, later on they added a statutory civil service and
central civil services. In the course of time the statutory civil service was
weeded out and there remained on the scene only the remaining two
services, namely, the Indian Civil Service and the central civil services. 6 S.
R. Maheshwari, Administrative Reforms in India, (Delhi: Macmillan 2002),
pp.12-18. 192 At the time of independence, besides the Indian Civil Service
there were nine central civil services in the country. The independence of the
country posed new challenges to the civil servants. They were no more
expected to perform the role of a police state. The welfare of the Indian
subjects was viewed as the central task to be performed by the Indian state
and hence they were to be an instrument to carry out welfare functions
which, among other things, included the settlement of refugees and
providing minimum conditions for their day-to-day living, safeguarding the
national borders from external aggression and promoting conditions
responsible for internal peace. The Indian civil service was set apart from
other imperial services for manning top civil posts under a rigid hierarchy of
a bureaucratic system which Lloyd George termed as the "Steel Frame" of
the British Raj. Notwithstanding the cliche that Indian civil service was
neither Indian civil service nor the undeniable fact is that the civil
administration of the country was totally dependent on the quality,
authority and functional power of the premier service around which every
thing else revolved - from the lowest level of the service derived its strength
from the guarantee of total and unquestionable support from the
Governor/Governor General, Viceroy and Secretary of State for India. Even
though, in the initial stages, recruitment was made from ex-service men and
even by nomination in certain cases, the majority constituted a meritocracy
inducted into service through a strict competition in England and later
within the country. As a conscious policy, those found inadequate on the
executive side were screened and shifted to the Judiciary or the Political
Service. Since Independence, there have been covert and overt changes in
administration. The need arose for administrative reforms as people become
more aware and their aspirations increased. Also, there was an enormous
increase in the scale of the governmental operations. There was a sudden
shortage of top notch British officials and some Muslims opted to go to
Pakistan. All these developments 193 necessitated appropriate
administrative readjustments. 7 In 1947, free-India inherited the Indian
Civil Service (ICS). After prolonged consideration, its Constituent Assembly
decided to continue to run the Indian Administration with the help of the
Indian Civil Service. After independence the Indian Civil Service was
reorganised as a two-tier system. The central government controlled the All-
India Services (AIS), namely, the Indian Administrative Service (lAS), the
Indian Foreign Service (IFS) and the Indian Police Service (IPS) and the
central services which were classified as Group A, B, C, and D services. The
selections to the All India Services and Group A and B services are
conducted by the Union Public Service Commission (UPSC). The incumbents
to Group C and D services are selected by the Staff Selection Commission.
The selection of the candidates for the various services to man the
administrative machinery in the union territories is also done through the
same arrangement. The provincial governments have their own State Public
Service Commissions. The recruitments to the provincial civil services are
done by these Commissions. The working of these Commissions is
controlled by a separate Act. The Indian civil service system is rank-based
and does not follow the tenets of the position-based civil services. This has
led to the absence of a specialised civil service system in India. The basic
philosophy of the Indian civil service system has contributed a lot to this
phenomenon, as it puts heavy emphasis on the recruitment of generalists
and not specialists. The incumbents of the Indian civil service enjoy very
short tenures, usually less than one year. Based on this, one could conclude
that this is no way of running the country. Interestingly, some provinces of
India, such as Gujarat, Maharashtra, and West Bengal, have allowed longer
tenures to their civil servants. The members of the All-India civil service
start as Deputy Secretaries and normally go up to the level of Joint
Secretaries, beyond which promotion is granted only after selection. For
every post beyond Joint Secretary Level, candidates are em panelled 7 Padm
Ramachandran, Public Administration in India, (New Delhi: National Book
Trust, 1996), pp.212- 213. 194 md the selection is done by the Cabinet
Committee on Appointments, receiving inputs rom the Administrative
Ministry and the Department of Personnel and Training. The :stablishment
Officer in this Department provides the policy inputs. There is no lateral
~ntry in the All-India services. Only at the level of Secretary to the
Government of India, .pecialists are taken as Secretaries. The Advisors to
the various Ministries could also 1e non-Indian Administrative Service
persons. Only 5 percent of the members of the Allldia services reach the top
position of Secretary to Government. The post of Cabinet lecretary to the
Government of India, the highest in the Indian civil service, has ~mained the
privilege only of the officers of the lAS. All India services (AIS) are a 'will'
from British India. Since India is administered y these services and there is
a fear that the politicisation of recruitment to bureaucracy . neither
advantageous nor desirable, there is a reluctance to change the system of
~cruitment or renewal. For the states, a centralised bureaucracy meant that
Union ~mote controls its most important civil servants whom the Union has
appointed and ho are the backbone of the system. Yet, the system as it
actually operates has ~come both political and unreliable in many material
particulars. This was examined by e Administrative Reforms Commission
(ARC) in studies and reports (1966-1969), and Jm a federal point of view by
the Sarkaria Commission (1988). But few changes ~ave nanated from the
proposed suggestions. The All-India Services (AIS) are a unique feature of
federal polity. It is the view of any constitutional experts that the
Constitution though federal form is unitary in bstance. Many of the
legislative judicial, financial and administrative powers vested in ~ Centre
leave little doubt that the Union has been assigned a more decisive and er-
riding powers over the states. The AIS scheme is a part of this general plan
of ~king the Centre strong in the overall constitutional arrangements. The
founding hers of the Constitution had deep knowledge and understanding of
Indian history, 10 were painfully aware that the country had time and again
got divided and gmental whenever the central authority had become weak
and lost control over 1bitious provincial chieftains. On such occasion many
of them had declared their 195 independence from the central power. This
explains why India had more than 500 princely states of varying sizes at the
time of independence in 1947. Nearly one-third of India was under their
rule. Due to various political and administrative reasons the British had
allowed these native rules to continue and rule their states but under Great
Britain's sovereignty. The British directly ruled over the rest of the country
under the country. The 500 and odd princely states were independent
entities before they came under the British sovereign. Politically the whole of
India thus become one country during the British period only. Even during
the Maurya, Gupta and Mughal periods the entire country was not
politically one nation state. To sum up the above discussion, it is clear that
in ancient India, the civil servants acted as personal servants of the rulers,
in the medieval age, they became state servants as they were in the state
employment and in British-India the civil servants acquired the complexion
of public servants. During this period, the civil service also became a
protected service, as in 1861 the first Indian Civil Service Act in India was
passed which gave many privileges to the then civil servants, including their
recruitment, promotion, termination, pension, payment of salaries, etc. The
ethos of the civil service in independent-India changed from welfare-
orientation in the late 1940s to development-orientation between the 1960s
and 1980s, and finally to the facilitator's role in the 1990s, as dictated by
the environmental challenges, collective choice mechanisms reflected in the
manifestos issued by the various political parties during the 1996, 2000 and
2004 general elections, and the challenge of meeting the democratic needs of
the teeming millions.

Constitutional Provisions

Article 308 {Interpretation}
In this Part, unless the context otherwise requires, the expression "State"
does not include the State of Jammu and Kashmir.

Article 309 {Recruitment and conditions of service of persons serving the

Union or a State}
Subject to the provisions of this Constitution. Acts of the appropriate
Legislature may regulate the recruitment, and conditions of service of
persons appointed, to public services and posts in connection with the
affairs of the Union or of any State:
Provided that it shall be competent for the President or such person as he
may direct in the case of services and posts in connection with the affairs of
the Union, and for the Governor of a State or such person as he may direct
in the case of services and posts in connection with the affairs of the State,
to make rules regulating the recruitment, and the conditions of service of
persons appointed, to such services and posts until provision in that behalf
is made by or under an Act of the appropriate Legislature under this article,
and any rules so made shall have effect subject to the provisions of any
such Act.

Article 310 {Tenure of office of persons serving the Union or a State}

(1) Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all-
India service or holds any post connected with defence or any civil post
under the Union holds office during the pleasure of the President, and every
person who is a member of a civil service of a State or holds any civil post
under a State holds office during the pleasure of the Governor of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case may
be, of the Governor of the State, any contract under which a person, not
being a member of a defence service or of an all-India service or of a civil
service of the Union or a State, is appointed under this Constitution to hold
such a post may, if the President or the Governor, as the case may be,
deems it necessary in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if before the
expiration of an agreed period that post is abolished or he is, for reasons not
connected with any misconduct on his part, required to vacate that post.

Article 311 {Dismissal, removal or reduction in rank of persons employed

in civil capacities under the Union or a State}
(1) No person who is a member of a civil service of the Union or an all-India
service or a civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by an authority subordinate to that by
which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges:
Provided that where it is proposed after such inquiry, to impose upon him
any such penalty, such penalty may be imposed on the basis of the evidence
adduced during such inquiry and it shall not be necessary to give such
person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply -
(a) where a person is dismissed or removed or reduced in rank on the
ground of conduct which has led to his conviction of a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to
reduce him in rank is satisfied that for some reason, to be recorded by that
authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that
in the interest of the security of the State it is not expedient to hold such
inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether
it is reasonably practicable to hold such inquiry as is referred to in clause
(2), the decision thereon of the authority empowered to dismiss or remove
such person or to reduce him in rank shall be final.

Article 312 {All-India services}

(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the
Council of States has declared by resolution supported by not less than two-
thirds of the members present and voting that it is necessary or expedient in
the national interest so to do, Parliament may by law provide for the creation
of one or more all-India services (including an all-India judicial service)
common to the Union and the States, and, subject to the other provisions of
this Chapter, regulate the recruitment, and the conditions of service of
persons appointed, to any such service.
(2) The services known at the commencement of this Constitution as the
Indian Administrative Service and the Indian Police Service shall be deemed
to be services created by Parliament under this article.
(3) The all-India judicial service referred to in clause (1) shall not include any
post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service
aforesaid may contain such provisions for the amendment of Chapter VI of
Part VI as may be necessary for giving effect to the provisions of that law
and no such law shall be deemed to be an amendment of this Constitution
for the purposes of article 368.
Article 312A {Power of Parliament to vary or revoke conditions of service of
officers of certain services}
(1) Parliament may by law -
(a) vary or revoke, whether prospectively or retrospectively, the conditions of
service as respects remuneration, leave and pension and the rights as
respects disciplinary matters of persons who, having been appointed by the
Secretary of State or Secretary of State in Council to a civil service of the
Crown in India before the commencement of this Constitution, continue on
and after the commencement of the Constitution (Twenty-eighth
Amendment) Act, 1972, to serve under the Government of India or of a State
in any service or post;
(b) vary or revoke, whether prospectively or retrospectively, the conditions of
service as respects pension of persons who, having been appointed by the
Secretary of State or Secretary of State in Council to a civil service of the
Crown in India before the commencement of this Constitution, retired or
otherwise ceased to be in service at any time before the commencement of
the Constitution (Twenty-eighth Amendment) Act, 1972:
Provided that in the case of any such person who is holding or has held the
office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief
Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be
construed as empowering Parliament to vary or revoke, after his
appointment to such post, the conditions of his service to his disadvantage
except in so far as such conditions of service are applicable to him by reason
of his being a person appointed by the Secretary of State or Secretary of
State in Council to a civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this article,
nothing in this article shall affect the power of any legislature or other
authority under any other provision of this Constitution to regulate the
conditions of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in
-
(a) any dispute arising out of any provision of, or any endorsement on, any
covenant, agreement or other similar instrument which was entered into or
executed by any person referred to in clause (1), or arising out of any letter
issued to such person, in relation to his appointment to any civil service of
the Crown in India or his continuance in service under the Government of
the Dominion of India or a Province thereof;
(b) any dispute in respect of any right, liability or obligation under article
314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding anything
in article 314 as originally enacted or in any other provision of this
Constitution.

Article 313 {Transitional provisions}

Until other provision is made in this behalf under this Constitution, all the
laws in force immediately before the commencement of this Constitution and
applicable to any public service or any post which continues to exist after
the commencement of this Constitution, as an all-India service or as service
or post under the Union or a State shall continue in force so far as
consistent with the provisions of this Constitution.

Article 314 {Provision for protection of existing officers of certain services}

{...}

Chapter II {Public Service Commissions}

Article 315 {Public Service Commissions for the Union and for the States}
(1) Subject to the provisions of this article, there shall be a Public Service
Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is
passed by the House or, where there are two Houses, by each House of the
Legislature of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in this
Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and
consequential provisions as may be necessary or desirable for giving effect to
the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the
Governor of a State, may, with the approval of the President, agree to serve
all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission
or a State Public Service Commission shall, unless the context otherwise
requires, be construed as references to the Commission serving the needs of
the Union or, as the case may be, the State as respects the particular matter
in question.

Article 316 {Appointment and term of office of members}

(1) The Chairman and other members of a Public Service Commission shall
be appointed, in the case of the Union Commission or a Joint Commission,
by the President, and in the case of a State Commission, by the Governor of
the State: Provided that as nearly as may be one-half of the members of
every Public Service Commission shall be persons who at the dates of their
respective appointments have held office for at least ten years either under
the Government of India or under the Government of a State, and in
computing the said period of ten years any period before the commencement
of this Constitution during which a person has held office under the Crown
in India or under the Government of an Indian State shall be included.
(1A) If the office of the Chairman of the Commission becomes vacant or if
any such Chairman if by reason of absence or for any other reason unable
to perform the duties of his office, those duties shall, until some person
appointed under clause (1) to the vacant office has entered on the duties
thereof or, as the case may be, until the Chairman has resumed his duties,
be performed by such one of the other members of the Commission as the
President, in the case of the Union Commission or a Joint Commission, and
the Governor of the State in the case of a State Commission, may appoint for
the purpose.
(2) A member of a Public Service Commission shall hold office for a term of
six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years, and
in the case of a State Commission or a Joint Commission, the age of sixty-
two years, whichever is earlier: Provided that -
(a) a member of a Public Service Commission may, by writing under his
hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to the
Governor of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office
in the manner provided in clause (1) or clause (3) of article 317.
(3) A person who holds office as a member of a Public Service Commission
shall, on the expiration of his term of office, be ineligible for re-appointment
to that office.

Article 317 {Removal and suspension of a member of a Public Service

Commission}
(1) Subject to the provisions of clause (3), the Chairman or any other
member of a Public Service Commission shall only be removed from his
office by order of the President on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on
inquiry held in accordance with the procedure prescribed in that behalf
under article 145, reported that the Chairman or such other member, as the
case may be, ought on any such ground to be removed..
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission
in respect of whom a reference has been made to the Supreme Court under
clause (1) until the President has passed orders on receipt of the report of
the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be, -
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the
duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is
or becomes in any way concerned or interested in any contract or agreement
made by or on behalf of the Government of India or the Government of a
State or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common
with the other members of an incorporated company, he shall, for the
purposes of clause (1), be deemed to be guilty of misbehaviour.

Article 318 {Power to make regulations as to conditions of service of

members and staff of the Commission}
In the case of the Union Commission or a Joint Commission, the President
and, in the case of a State Commission, the Governor of the State may by
regulations
(a) determine the number of members of the Commission and their
conditions of service; and
(b) make provision with respect to the number of members of the staff of the
Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.

Article 319 {Prohibition as to the holding of offices by members of

Commission on ceasing to be such members}
On ceasing to hold office -
(a) the Chairman of the Union Public Service Commission shall be ineligible
for further employment either under the Government of India or under the
Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public
Service Commission or as the Chairman of any other State Public Service
Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of the Union
Public Service Commission or as the Chairman of a State Public Service
Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission
shall be eligible for appointment as the Chairman or any other member of
the Union Public Service Commission or as the Chairman of that or any
other State Public Service Commission, but not for any other employment
either under the Government of India or under the Government of a State.

Article 320 {Functions of Public Service Commissions}

(1) It shall be the duty of the Union and the State Public Service
Commissions to conduct examinations for appointment to the services of the
Union and the services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in
framing and operating schemes of joint recruitment for any services for
which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted -
(a) on all matters relating to methods of recruitment to civil services and for
civil posts;
(b) on the principles to be followed in making appointments to civil services
and posts and in making promotions and transfers from one service to
another and on the suitability of candidates for such appointments,
promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under the
Crown in India or under the Government of an Indian State, in a civil
capacity, that any costs incurred by him in defending legal proceedings
instituted against him in respect of acts done or purporting to be done in the
execution of his duty should be paid out of the Consolidated Fund of India,
or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained
by a person while serving under the Government of India or the Government
of a State or under the Crown in India or under the Government of an
Indian State, in a civil capacity, and any question as to the amount of any
such award, and it shall be the duty of a Public Service Commission to
advise on any matter so referred to them and on any other matter which the
President, or, as the case may be, the Governor of the State, may refer to
them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor, as respects other services and posts in connection with
the affairs of a State, may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to
be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be
consulted as respects the manner in which any provision referred to in
clause (4) of article 16 may be made or as respects the manner in which
effect may be given to the provisions of article 335.
(5) All regulations made under the proviso the clause (3) by the President or
the Governor of a State shall be laid for not less than fourteen days before
each House of Parliament or the House or each House of the Legislature of
the State, as the case may be, as soon as possible after they are made, and
shall be subject to such modifications, whether by way of repeal or
amendment, as both Houses of Parliament or the House or both Houses of
the Legislature of the State may make during the session in which they are
so laid.

Article 321 {Power to extend functions of Public Service Commissions}

An Act made by Parliament or, as the case may be, the Legislature of a State
may provide for the exercise of additional functions by the Union Public
Service Commission or the State Public Service Commission as respects the
services of the Union or the State and also as respects the services of any
local authority or other body corporate constituted by law or of any public
institution.

Article 322 {Expenses of Public Service Commissions}

The expenses of the Union or a State Public Service Commission, including
any salaries, allowances and pensions payable to or in respect of the
members or staff of the Commission, shall be charged on the Consolidated
Fund of India, as the case may be, the Consolidated Fund of the State.

Article 323 {Reports of Public Service Commissions}

(1) It shall be the duty of the Union Commission to present annually to the
President a report as to the work done by the Commission and on receipt of
such report the President shall cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice of
the Commission was not accepted, the reasons for such non-acceptance to
be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor of the State a report as to the work done by the Commission, and
it shall be the duty of a Joint Commission to present annually to the
Governor of each of the States the needs of which are served by the Joint
Commission a report as to the work done by the Commission in relation to
that State, and in either case the Governor, shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as respects
the cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before the Legislature of the
State.

Doctrine of Pleasure As Under The Indian Constitution

The doctrine of Pleasure is a common law rule. This doctrine has its origin
in England. The Doctrine of Pleasure is a special prerogative of the British
Crown.[1] In England, a servant of the Crown holds office during the
pleasure of the Crown and he can be dismissed from the service of Crown at
pleasure. The tenure of office of a civil servant can be terminated at any time
without assigning any cause. Even if there exists any special contract
between the Crown and the civil servant concerned, the Crown is not bound
by it. The civil servant is liable to be dismissed without notice and they
cannot claim damages for wrongful dismissal or immature termination of
service.[2]The Crown is not bound by the any special contract between it
and a civil servant, for theory is that the Crown could not fetter its future
executive action by entering into a contract in matters concerning the
welfare of the country. The justification for the rule is that the crown should
not be bound to continue in public service any person whose conduct is not
satisfactory.[3]This common law Doctrine hence in England is based on
Public Policy. The public policy is that a public servant whose continuance
in office is not or is against the public interest must be relieved of it.[4]
Doctrine Of Pleasure In India:

Doctrine of Pleasure under the Indian Constitution is also based on the

same policy considerations as it existed under the common law in England.
Though doctrine of pleasure is accepted in India as it has developed in
England, it has not been completely accepted in India. This Doctrine of
Pleasure is embodied in India in Article 310(1).It reads as follows:

Tenure of office of persons serving the Union or a State :

(1) Except as expressly provided by this Constitution, every person who is a

member of a defence service or of a civil service of the Union or of an all
India service or holds any post connected with defence or any civil post
under the Union, holds office during the pleasure of the President, and every
person who is a member of a civil service of a State or holds any civil post
under a State holds office during the pleasure of the Governor of the State.

This is the general rule which operates “except as expressly provided by the
Constitution.” This means that the Doctrine is subject to constitutional
limitations. Therefore, when there is a specific provision in the Constitution
giving to servant tenure different from that provided in Article 310, then that
servant would be excluded from the operation of the pleasure doctrine.

The following are expressly excluded by the Constitution from the rule of
Pleasure. They are:

1. Supreme Court Judges Article 124,

2. Auditor General (Article 148)

3. High Court Judges (Article 217, 218)

4. A member of Public Service Commission (Article 317)

5. The Chief Election Commissioner.

Though doctrine of pleasure is accepted in India as it has developed in

England, it has not been completely accepted in India. It is subject to the
provisions of Article 311 which provides for procedural safeguards for civil
servants.
Article 311 of the Constitution of India states that:

(1) No person who is a member of a civil service of the Union or an all-India

service or a civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by an authority subordinate to that by
which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in

rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges: Provided that where, it is proposed after such inquiry, to
impose upon him any such penalty, such penalty may be imposed on the
basis of the evidence adduced during such inquiry and it shall not be
necessary to give such person any opportunity of making representation on
the penalty proposed: Provided further that this clause shall not apply —

(a) where a person is dismissed or removed or reduced in rank on the

ground of conduct which has led to his conviction on a criminal charge; or

(b) where the authority empowered to dismiss or remove a person or to

reduce him in rank is satisfied that for some reason, to be recorded by that
authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that
in the interest of the security of the State it is not expedient to hold such
inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether
it is reasonably practicable to hold such inquiry as is referred to in clause
(2), the decision thereon of the authority empowered to dismiss or remove
such person or to reduce him in rank shall be final."[6]

Therefore, services of any civil servants cannot be terminated at pleasure

unless the mandatory provisions of Article 311 have been observed. This
doctrine of pleasure is further restricted by the general law of the land which
empowers any civil servant to file suit in a court of law for enforcing any
condition of his service and for claiming arrears of pay. The power to dismiss
at pleasure any civil servant is not a personal right of the President or the
Governor, as the case may be. It is an executive power which is to be
exercised at the advice of Council of Ministers. Doctrine of Pleasure as
contained in Article 310, being a constitutional provision cannot be
abrogated by any legislative or executive law; therefore Article 309 is to be
read subject to Article 310.[7]

Restrictions On The Doctrine Of Pleasure:

Under Indian Constitution several restrictions has been placed on Doctrine

of Pleasure. They are as follows:

(i) The service contract entered between the civil servant and government
may be enforced.

(ii) The fundamental rights guaranteed under the constitution are

restrictions on the pleasure doctrine and therefore this doctrine cannot be
resorted too freely and unfairly, Articles 14, 15 and 16 of the Constitution
imposed limitations on free exercise of Pleasure Doctrine. Article 14
embodies the principle of reasonableness the principle of reasonableness is
anti-thesis of arbitrariness. In this way, Article 14 prohibits arbitrary
exercise of power under pleasure doctrine. In addition to article 14 of the
constitution Article 15 also restricts arbitrary exercise of power in matters of
services. Article 15 prohibits termination of service on grounds of religion,
race, caste, sex or place of birth or any of them. Another limitation is under
Article 16(1) which obligates equal treatment and bars arbitrary
discrimination.

(iii) Further the doctrine of pleasure is subject to many more limitations

and a number of posts have been kept outside the scope of pleasure
doctrine. Under the constitution the tenure of the Judges of the High Courts
and Supreme court, of the comptroller and Auditor-General of India, of the
Chief Election Commissioner and the Chairman and Members of Public
service commission is not at the pleasure of the Government.[ 8]

Thus, the general principle relating to civil services has been laid down
under Article 310 of the Constitution to the effect that government servants
hold office during the pleasure of the government and Article 311 imposes
restrictions on the privilege of dismissal at the pleasure in the form of
safeguards.
Persons Entitled To Safeguard:

Constitutional safeguards provided under Article 311 are not available to all
the government servants. The text of the Article refers to members of civil
services of the Union or all- India service of a State or hold a civil post under
the Union or a State.[9]

The constitution bench of the Supreme Court in S.L. Agarwal (Dr.) v.

General Manager[10], Hindustan Steel Limited, generally considered as to
who are the persons entitled to the protection of Article 311. The Court
identified the following persons:

(1) Persons who are members of:

(a) A civil service of the union; or

(b) An All India Service; or

(c) A civil service of a State; or

(2) Hold a civil post under the Union or State.

Difficulties have always arisen in relation to the meaning and scope of ‘Civil
Post’. Though this expression has been interpreted in many ways there is no
debate that Article 311(1) deals with persons employed in the civil side of
administration in contradistinction to defence. Supreme Court in State of
Assam v. Kanak Chandra Dutta laid down that civil post in Clause (1)
means a post not connected with the defence services and outside the
regular civil services.[11]

Further, in Parshottam Lal Dhingra v. Union of India[12], the Supreme

Court of India has held that under Article 311 the safeguards are applicable
to both permanent and temporary servants.

Constitutional Safeguards Available To The Civil Servants:

There are two constitutional safeguards provided under Article 311 of the
Indian Constitution. They are as follows:

1. Clause (1) of Article 311 addresses itself to the authority who can
impose any of the punishments of dismissal or removal.
According to this, no order of dismissal or removal can be made by an
authority subordinate to the appointing authority. But if the removing
authority is of the same or co-ordinate rank or grade as the appointing
authority then, dismissal or removal by such authority is valid.[13]

2. Clause (2) of Article 311 provides the procedural essentials to be

followed before dismissing, removing or reducing in rank.

Article 311(2) mandates the compliance of the Principles of Natural Justice.

A civil servant cannot be punished without: (a) holding an enquiry; and (b)
informing the civil servant about the charges against him; and (c) giving him
a reasonable opportunity of being heard in respect of those charges.

The enquiry contemplated by Article 311(2) is generally known as

departmental enquiry and the Constitutional requirements for a proper
enquiry within the meaning of Article 311(2) are two-fold:

(a) The civil servant must be informed of the charges against him; and

The civil servant against whom a accusation of misconduct is made must be

‘Formally’ informed i.e to say those acts or omissions of the public servant
which are termed as Misconduct under the Service Rules usually referred to
as Conduct rules. But, acts or conduct not covered by such may still
amount to misconduct. It is fundamental and essence of the concepts of fair
play and justice that a person should know why he is being charged.[14]

(b) He must be afforded a reasonable opportunity of being heard in respect

of those charges.[15]

Neither the General clauses Act nor the Constitution defines “reasonable
opportunity”. Reasonable opportunity here too refers to the rules according
to Principles of Natural Justice. Broadly, it implies an opportunity to deny
the guilt alleged in order to establish innocence, to defend by examining
himself and his witnesses.[16]

Exceptions To The Safeguards Provided Under Article 311:

The provision to Article 311 (2) provides for certain circumstances in which
the procedure envisaged in the substantive part of the clause need not be
followed. These are as follows:
a) Where a person is dismissed or removed or reduced in rank on the
ground of conduct which has led to his connection on criminal charge; or

b) Where the authority empowered to dismiss or remove a person or to

reduce him in rank is satisfied that for some reason to be recorded by that
authority in writing, it is not reasonably practicable to hold such inquiry; or

c) Where the president or the governor as the case may be, is satisfied
that in the interest of the security of the state it is not expedient to hold
such inquiry.[17]

These provisions have been explained below in detail:

(a) Conviction on Criminal Charge:

The Supreme Court has emphasised under Art. 311(2)(a), the disciplinary
authority is to regard the conviction of the concerned civil servant as
sufficient proof of misconduct on his part. The authority is to decide
whether conviction demands the imposition of any penalty and, if so, what
penalty. For this purpose, the authority has to take into consideration the
judgement of the criminal court, the entire conduct of the civil servant, the
gravity of the offense, the impact of the offence on the administration,
whether the offence was of a technical or trivial nature, and extenuating
circumstances if any. This the Disciplinary authority has to do ex-parte and
without giving a hearing to the concerned civil servant.[18]

The power has to be exercised by the authority “fairly, justly and

reasonably”. Hearing need not be given while imposing the penalty after
conviction on a criminal charge, but the right to impose a penalty the duty
to act justly.[19]For instance, a government servant convicted for parking in
the no-parking area cannot be dismissed.

(b) Impracticability:

It is important to know that this clause applies only when the conduct of
government servant is such as he deserves the punishmen of dismissal,
removal or reduction in rank. Before denying government servant his
constitutional right to an inquiry, the paramount consideration is whether
the conduct of the government is such as justifies the penalty of dismissal,
removal or reduction in rank.
In Tulsi ram Patel case[20]the Supreme court explaining the scope of the
clause has said

“whether it was practicable to hold the inquiry or not must be judged in the
context of whether it was reasonably practicable to do so. It is not a total or
absolute impracticability which is required by cl. (b). What is requisite is
that holding of the inquiry is not practicable in the opinion of a reasonable
man taking a reasonable view of the prevailing situation.”

The Supreme Court further held that the reasonable practicability of holding
an inquiry is a matter of assessment to be made by the disciplinary as he is
the best judge of the situation.[21]

(c) Reasons of Security:

Under (c) the satisfaction has to be that of the President or the Governor as
the case may be. The satisfaction must be with respect to the expediency or
inexpediency of holding an inquiry in the interest of the security of the
State. Security of State being of paramount importance all other interests
are subordinate to it, “Security of State may comprise a situation of
disobedience and insubordination on the part of members of the police
force”. In Tulsi ram Patel case[22] the Supreme Court has clarified that the
question is not whether the security of the State has been affected or not, for
the expression cl(c) is “ in the interest of the security of State”. The interest
of security of State may be affected by actual act, or even the likelihood of
such acts taking place. So the Court has observed “ What is required under
cl.(c) is not the satisfaction of the President or the Governor, that interest of
the security of the State is or will be affected but his satisfaction in the
interest of security of State, it is not expedient to hold an inquiry as
contemplated by Article 311(2)”.

The government is under obligation to disclose to the court the nature of the
activities of the employee on the basis of which the satisfaction of the
President or the Governor was arrived at for the purpose of passing an order
under Article 311(2)(c). In the absence of any indication about the activities,
it would not be possible for the Court to determine whether the satisfaction
was arrived at on the basis of relevant considerations. The government is
under obligation to place relevant material on the basis of which the
satisfaction was arrived at subject to a claim of privilege under Sections 123
and 124 of the Evidence Act, 1872.
Judicial Perspective on Doctrine of Pleasure In India

The Judicial perspective on Doctrine of Pleasure can be discussed in the

following cases:

As we all know that rule emanating from the pleasure doctrine is that no
servant of the Crown can maintain an action against the Crown for any
arrears of salary. The assumption underlying this rule is that the only claim
of the civil servant is on the bounty of the Crown and not for a contractual
debt.

The Supreme Court of India in State of Bihar v. Abdul Majid[23] refused to

follow this rule of the Doctrine of pleasure. In this case sub-inspector of
police was dismissed from service on the ground of cowardice, was later
reinstated in service. But the government contested his claim for arrears of
salary for the period of his dismissal. The Supreme Court in this case
upheld his claim arrears of salary on the ground of contract or quantum
muruit i.e for the value of the service rendered.

Similarly the Supreme Court the reiterated the above ruling in Om Prakash
v. State of Uttar Pradesh[24] where it was held that when dismissal of a civil
servant was found to be unlawful, he was entitled to get his salary from the
date of dismissal to the date when his dismissal was declared unlawful.

Further in State of Maharashtra v. Joshi[25], it was held that a claim of

arrears of salary was held to be based on contract.

Further the judiciary has also acted as checks and balances on the arbitrary
exercise of the power of conferred by the doctrine on the president and the
Governor. The Supreme Court in Jaswant Singh v. State of Punjab[26] held
that in spite of finality of Article 311(3) the “finality can certainly be tested in
the court of law and interfered with if the action is found to be arbitrary or
malafide or motivated by extraneous considerations or merely a ruse to
dispense with the inquiry.
In Union of India v. Balbir Singh[27], the Supreme Court held that the Court
can examine the circumstances on which the satisfaction of the president or
Governor. If the Court finds that the circumstances have no bearing
whatsoever on the security of State, the Court can hold that satisfaction of
the president or the Governor which is required for passing such an order
has been vitiated by wholly extraneous or irrelevant considerations.

UPSC

The Union Public Service Commission (UPSC; Hindi: संघ लोक सेवा आयोग) is
India's premier central recruiting agency. It is responsible for appointments
to and examinations for All India services and group A & group B of Central
services.[3] While Department of Personnel and Training is the central
personnel agency in India.

The agency's charter is granted by Part XIV of the Constitution of India,

titled as Services Under the Union and the States.[4][5] The commission is
mandated by the Constitution for appointments to the services of the Union
and All India Services. It is also required to be consulted by the Government
in matters relating to the appointment, transfer, promotion and disciplinary
matters. The commission reports directly to the President and can advise
the Government through him. Although, such advice is not binding on the
Government. Being a constitutional authority, UPSC is amongst the few
institutions which function with both autonomy and freedom, along with the
country’s higher judiciary and lately the Election Commission.[6]

The commission is headquartered at Dholpur House, in New Delhi and

functions through its own secretariat.Vinay Mittal is its current Chairman of
UPSC.
Established on 1 October 1926 as Public Service Commission, it was later
reconstituted as Federal Public Service Commission by the Government of
India Act, 1935; only to be renamed as today's Union Public Service
Commission after the independence.[

History

The Royal Commission on the superior Civil Services in India was set up
under the chairmanship of Lord Lee of Fareham by the British Government
in 1923.[9][7] With equal numbers of Indian and British members, the
commission submitted its report in 1924, recommending setting up of a
Public Service Commission.[10] The Lee Commission proposed that 40% of
future entrants should be British, 40% Indians directly recruited, and 20%
Indians promoted from the provincial services.[9][8]

This led to the establishment of the first Public Service Commission on 1

October 1926 under the chairmanship of Sir Ross Barker.[7] A mere limited
advisory function was granted to the Public Service Commission and the
leaders of the freedom movement continually stressed on this aspect, which
then resulted in the setting up of a Federal Public Service Commission
under the Government of India Act, 1935.[7][8]

The Federal Public Service Commission became the Union Public Service
Commission after independence. It was given a constitutional status with
under of Constitution of India on 26 January 1950.[10][8][11]

Constitutional status

See also: Part XIV of the Constitution of India

Articles 315 to 323 of Part XIV of the constitution, titled as Services Under
the Union and the States, provide for a Public Service Commission for the
Union and for each state.[4][5] Accordingly, as per Art. 315, at Union level,
Union Public Service Commission is envisaged by it. UPSC is amongst the
few institutions which function with both autonomy and freedom, along with
the country’s higher judiciary and lately the Election Commission.[6]
Appointment

As per Art. 316, the Chairman and other members of Union Public Service
Commission shall be appointed by the President. In case the office of the
Chairman becomes vacant his duties shall be performed by one of the other
members of the Commission as the President may appoint for the purpose.
[12]

Also, nearly half of the members of the Commission shall be persons who at
the dates of their respective appointments have held office for at least ten
years either under the Government of India or under the Government of a
State. A member of a Union Public Service Commission shall hold office for a
term of six years from the date on which he enters upon his office or until he
attains the age of sixty-five years, whichever is earlier. Under Art 318, the
President is empowered to determine number of members of the
Commission and their conditions of service. Further, he can make provision
with respect to the number of members of the staff of the Commission and
their conditions of service too. Also, conditions of service cannot be varied to
his disadvantage after his appointment.[12]

As per Art 319, a person who holds office as Chairman shall, on the
expiration of his term of office, be ineligible for re-appointment to that office.
But, a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of the Union
Public Service Commission, or as the Chairman of a State Public Service
Commission, but not for any other employment either under the
Government of India or under the Government of a State. Also, the
Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public
Service Commission.[12]

Removal and suspension

As per Art. 317, the Chairman or any other member of a Public Service
Commission shall only be removed from his office by order of the President
on the ground of "misbehaviour" after the Supreme Court, on reference
being made to it by the President, has, on inquiry reported that the
Chairman or such other member ought to be removed. The President may
suspend the Chairman or other member of the Commission until report of
the Supreme Court is received.[12]
The President may also remove the Chairman or any other member of the
commission if he/she:

is adjudged an insolvent; or

engages during his term of office in any paid employment outside the duties
of his office; or

is, in the opinion of the President, unfit to continue in office by reason of

infirmity of mind or body.

If the Chairman or any other member cannot hold an office of profit or

otherwise he shall be deemed to be guilty of misbehaviour.[12]

Functions

As per Art. 320, it shall be the duty of the Union Public Service
Commissions to conduct examinations for appointments to the services of
the Union. It shall also assist two or more States, if requested so, in framing
and operating schemes of joint recruitment for any services.[12]

The Union Public Service Commission shall be consulted: on all matters

relating to methods of recruitment to civil services and for civil posts making
appointments to civil services and posts making promotions and transfers
from one service to another the suitability of candidates for such
appointments, promotions or transfers on all disciplinary matters against a
civil servant serving in a civil capacity, including memorials or petitions
relating to such matters. on any claim by or in respect of a person who is
serving or has served in a civil capacity, that any costs incurred by him in
defending legal proceedings instituted against him in respect of acts done or
purporting to be done in the execution of his duty should be paid out of the
Consolidated Fund of India on any claim for the award of a pension in
respect of injuries sustained by a person while serving in a civil capacity,
and any question as to the amount of such award.

It shall be the duty of a Union Public Service Commission to advise on any

matter referred to them; provided that the President has not made any
regulations specifying the matters in which it shall not be necessary for
Union Public Service Commission to be consulted.[12]
Expenses

As per Art. 322, the expenses of the Union Public Service Commission,
including any salaries, allowances and pensions payable to or in respect of
the members or staff of the Commission, shall be charged on the
Consolidated Fund of India.[12]

Extension of functions

As per Art. 321, an Act made by Parliament may provide for the exercise of
additional functions by the Union Public Service Commission w.r.t. services
of the Union.[12]

Reporting

As per Art. 323, it shall be the duty of the Union Commission to annually
present a report to the President of the work done by the Commission. On
receipt of such report, the President shall present a copy before each House
of Parliament; together with a memorandum, if any, explaining the reasons
where the advice of the Commission was not accepted by him.[12]

Organisational structure

The Commission consists of a chairman and other members appointed by

The President of India. Usually, the Commission consists of 9 to 11
members including the chairman.[13] Every member holds office for a term
of six years or until he attains the age of sixty-five years, whichever is
earlier.

The terms and conditions of service of chairman and members of the

Commission are governed by the Union Public Service Commission
(Members) Regulations, 1969.[14]

The chairman and any other member of the Commission can submit his
resignation at any time to the President of India. He may be removed from
his office by the President of India on the ground of misbehaviour (only if an
inquiry of such misbehaviour is made and upheld by Supreme Court) or if
he is adjudged insolvent, or engages during his term of office in any paid
employment outside the duties of his office, or in the opinion of the
President unfit to continue in office by reason of infirmity of mind or body.

Secretariat

The Commission is serviced by a Secretariat headed by a Secretary with four

Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries
and other supporting staff.[15] The secretariat, for administrative purpose,
is further divided into divisions, each undertaking a specific responsibility:
[16]

Administration: Administers the Secretariat as well as looks after personal

matters of Chairman/Members and other Officers/Staff of the Commission.
[17]

All India Services: Recruitment to All India Services is done either by direct
recruitment (through Competitive Examinations) or by promotion from the
State Service. The AIS Branch handles the promotions of State Service
officers to the IAS, IPS and IFS. It also handles policy matters relating to All
India Services and amendments in the 'Promotion Regulations' of respective
services.[18]

Appointments: It carry out appointments to central services based on

Promotion(based on proposals from various Ministries/Departments/Union
Territories and from certain local bodies) and by the means of Deputation
and Absorption.[19]

Examination: It carries out merit-based selection and recommendation of

candidates, through various examinations, to Group A and Group B
Services of the Government of India.[20]

General: Primarily deals with day-to-day housekeeping works for

Commission, like, arrangements and facilitation for conduction of
Examinations by the UPSC, printing Annual Report etc.[21]

Recruitment
This branch carries out Direct Recruitment(out of the 3 possible
mechanisms of : 'direct recruitment', 'recruitment by promotion' and
'recruitment by transfer and permanent absorption') by selection to all
Group `A’ and certain Group `B’ posts of the services of the Union (including
some Union Territories). These recruitment are done either by
selection(interview) or through competitive examination.[22]

Recruitment Rules: The Commission is mandated under Art. 320 of the

Constitution of India, read along the UPSC (Exemption from Consultation)
Regulations, 1958, to advise on framing and amending of Recruitment and
Service Rules for various Group A and Group B posts in the Government of
India, and certain autonomous organizations like EPFO, ESIC, DJB, NDMC
& Municipal Corporations(s) of Delhi. This Branch carries out this
responsibility by facilitating the Ministries / Departments / UT
Administrations / Autonomous Organisations in this regard.[23]

Services I: Handles disciplinary cases received from various

Ministries/Departments and State Governments for advice of the
Commission, as required under Article 320 (3)(c).

Services II: Handles all other cases that 'Services I' branch doesn't. It
compiles the Annual Report. Also, it coordinates visits of foreign delegations,
correspondence with foreign countries and hosting of international events
concerning Public Service Commissions, including the SAARC Member
States.

Functions

As mentioned in Article 320 of the Constitution of India, the Commission

shall be consulted on all matters relating to recruitment to civil services and
posts in India. The Commission carries out its functions through the
Secretariat, further divided in divisions. Details and work of each division is
mentions above in the 'Secretariat' section of this article. In a nutshell, the
Commission perform following tasks:[37]

Conduct examinations for appointment to the services of the Union.

Recruitment (Direct) by selection through interviews.

Appointment of Department officers on promotion, deputation and through

absorption.

Framing and amendment of Recruitment Rules for various services and

posts under the Government.

Disciplinary cases relating to different Civil Services.

On any matter referred to the UPSC, they can directly Advice the
Government by the President of India.

Recruitment

UPSC is India's central recruiting agency. It is mandated by the Constitution

of India for recruitment to Central and All India Services of the Republic of
India. It carries out this task through 4 modes:[10]

Direct Recruitment

Promotion

Deputation/absorption

Composite Method (Deputation + Promotion)

Direct recruitment

Conducted broadly by following two methods-[22][10]

Competitive Examination

Selection

Candidates can apply for these exams and interviews through a separate
portal which is the only means(offline) for applying to these posts.

Competitive examinations

The Commission conducts examinations on biannual/annual/biennial basis

throughout India for appointment to various Civil/Defence services/posts.
The notifications for these examinations are published in the Gazette of
India and Employment News/Rozgar Samachar. A shorter version of
notification is also published in major Indian newspapers including regional
language newspapers. Copies of the notifications are also sent to all
Employment Exchanges and Universities, etc.

UPSC conducts following examinations:[38][39]

Civil Services Examination (CSE)

Engineering Services Examination (ESE)

Combined Medical Services Examination (CMSE)

Combined Defence Services Examination (CDSE)

National Defence Academy Examination (NDA)

Naval Academy Examination

Special Class Railway Apprentice (SCRA)

Indian Forest Service Examination

Indian Economic Service Examination

Indian Statistical Service Examination

Combined Geo-scientist and Geologist Examination

Central Armed Police Forces (Assistant Commandant) Examination (CAPF)

Central labour Service (Assitant Commissioner) Examination

Section Officers/Stenographers (Grade-B/Grade-I) Departmental

Competitive Examination

The examinations conducted for Civil Services have a success rate of 0.1%–
0.3%.

Selection

The Commission has the responsibility of direct recruitment at various

levels by the method of "selection" to Group "A" Posts and selected Group "B"
Posts in the Central Government.

Vacancies are advertised in Employment News, and other major newspapers

of India. Applicants are then short-listed through computerized 'Preliminary
Scrutiny' software via a rational criteria. Higher qualifications and
experience than that is prescribed in the notification may be the criteria.
The short-listed candidates are then called for an interview. In case of a
large number of candidates apply for a post or if it is not quite possible to
short-list candidates on the basis of qualifications and/or experience, a
'Recruitment Test' may be conducted to shortlist the candidates.
These candidates are subjected to 'Interview Boards' which are presided over
by Members of the Commission, assisted by eminent experts drawn from
fields for which recruitment is being done.

Finally, the Commission approves the Interview-Board's Report and

recommendation is sent to the concerned Ministry/Department that had
sought candidates for the concerned post(s).[10][22]

Promotion

The Chairman or a Member of the Commission presides over the

Departmental Promotion Committee Meetings for carrying out following
promotions:

From Group "B" to Group "A"

From one grade to another within Group "A", where promotion is to be made
by Selection.

The Commission also performs promotions from State Civil/Police/Forest

Services to All India Services through a "Selection Committee" presided over
by the Chairman or a Member of the Commission in terms of the respective
"IAS/IPS/IFS/Promotion Regulations" and selection of Non-State Civil
Service Officers for appointment to the IAS under "IAS(Appointment by
Selection) Regulations, 1997".[10][18]

Deputation/absorption

The Recruitment Rules for a number of posts provide for appointment by

Deputation (including short term contract) and Absorption. If the post under
consideration consists of Central and State Government officers, prior
consultation with the Commission is required for selection of the officer. If
the post under consideration consists of not only Central/State Government
officers, but also include officers from non-Government Institutions, the
selection shall be made in consultation with the Union Public Service
Commission only.[10][19]
Museum

In November 2016, UPSC opened a museum for showcasing its possession

of archival material including original pamphlets, documents, reports and
various other records.[40][41] The 1st section displays various artifacts
related to early administration in ancient and medieval India, and phases of
growth of administration in modern India. It also provides information
regarding civil services in China, USA, France, Japan and Bhutan. The 2nd
section displays artifacts related to UPSC itself and the various
examinations it had conducted. The 3rd section displays various reports of
various committees appointed for suggesting improvements to quality of
UPSC and Civil Services in India.[40][42]

The museum is located in the premises of UPSC Dholpur House and is open
10 am - 2 pm (Monday to Saturday). Entry is free and photography is
allowed inside it.[42][41]

Limitations

Although the commission is granted its charter by Constitution itself, its

scope is limited in following matters:[43]

It cannot be consulted while making reservations of appointments to

services or posts in favour of backward classes(SC-ST and others).

It shall not be consulted for selection for chairmanships or memberships of

commissions or tribunals, and posts of highest diplomatic nature.

Almost all of group C and group D central services are fulfilled by the Staff
Selection Commission, and not UPSC.

It is not consulted in the case of temporary selection or officiating

appointment to a post if the person appointed is not likely to hold the post
for more than one year.

As per Art 320, the president can also regulate or limit jurisdiction of UPSC
w.r.t. any post, service or other matter relating to Central and All India
Services. But all such regulations by the president shall be presented before
Parliament within 14 days, and the parliament may amend or repeal them.
[43]
The Supreme Court has too held that if the government fails to consult
UPSC in the matters ascribed under Art 320, does not invalidate the
decision of the government. Thus rendering this provision of constitution as
only advisory and not binding.[44] Nonetheless, the government still
remains answerable to parliament for deviating from the advice of the
commission; thereby checking indiscriminate use of this provision by the
government.[43][44]

With the formation of Department of Personnel and Training, UPSC is no

longer concerned with the classification of services, pay and service
conditions, cadre management, training etc., limiting its role to that of a
recruiting agency. The formation of Central Vigilance Commission in 1964
also affected role of UPSC in disciplinary matters.

Criticism

Transparency and public oversight

UPSC, along with other State Public Service Commissions,[45] has came
under public criticism for lack of transparency and accountability in its
recruitment procedures. UPSC never discloses answer sheets and marking
scheme for the examinations and interviews conducted by it.[46]

Gender issue in application form

While the notification of UPSC claims "Government strives to have a

workforce which reflects gender balance and women candidates are
encouraged to apply",[47] the application form available online doesn't have
the option for "others" under the category of sex. This was highlighted
through an RTI appeal filed by a Madurai-based 23-year-transgender, S.
Swapna.[48]

Transgender S. Swapna and the gender activist Gopi Shankar Madurai[49]

staged the protest in Madurai collectorate on 7 October 2013 demanding
reservation and to permit alternate genders to appear for examinations
conducted by TNPSC, UPSC, SSC and Bank Exams. Later, Swapna
successfully moved the Madras High Court in 2013 seeking permission to
write the TNPSC Group II exam as a woman candidate.
Recruitment And Appointment Of Civil Servants
Law Constitutional Administrative Essay
Introduction
It is rightly acknowledged that "a professionally competent and politically
neutral bureaucracy is a sine qua non for the smooth and efficient
functioning of a democratic polity" [1] . The rigour and integrity of the
recruitment process is an important determinant in ensuring that
prospective civil servants that make up the bureaucracy are competent and
politically neutral. This paper aims to examine and analyse the existing
procedure for recruitment and appointment of civil servants in India. The
existing procedure will be analysed in the context of the Part XIV of the
Constitution of India [2] , which contains provisions "for apolitical and
independent services, with requisite protection for service matters" [3] . The
way in which the legislature, executive and judiciary have worked to ensure
that the recruitment procedure reflects the apolitical and independent
nature envisaged in the constitution will be the central motif flowing
throughout the paper. The recruitment process, "apart from being
transparent, objective, fair and equitable should also ensure that the right
type of persons join the civil services" [4] . The paper will begin by briefly
examining the history of civil services in India, their vitality to governance of
the country and the legislative framework governing the civil services.

History of Civil Services in India

The first committee that paved the way for the existing structure of the
Indian Civil Service was the Macaulay Committee, which gave India its first
modern civil service in 1854 recommended that "the patronage based
system of the East India Company should be replaced by a permanent civil
service based on a merit based system through competitive entry
examinations" [5] . Focussing on merit, the committee in its report declared
that "Henceforth, an appointment to the civil service of the Company will not
be a matter of favour but a matter of right. He who obtains such an
appointment will owe it solely to his own abilities and industry" [6] . Before
1922, the Indian Civil Service Examination was held in England by the
British Civil Service Commission and candidates were sought from Oxford
and Cambridge, thus rendering it an elite service [7] . It was only from 1922
that the examination also began to be held in India. Since then various
reforms and commissions have put in place the civil services we have today.
These developments have given the civil services in India a complex
organizational structure.

The Organizational Structure

The executive faction responsible for civil services in India is the Ministry of
Personnel, Public Grievances and Pensions. The Ministry of Personnel,
Public Grievances and Pensions is the nodal Ministry responsible for
personnel matters, "especially in respect of issues concerning recruitment,
training, career development, staff welfare, administrative reforms and post
retirement dispensation" [8] . The Ministry comprises of three departments,
namely:
Department of Personnel and Training (hereinafter, "DoPT")
Department of Administrative Reforms and Public Grievances
Department of Pensions and Pensioners’ Welfare.
Department of Personnel and Training (DoPT) under the charge of Secretary
(Personnel) comprises of six wings namely;
Establishment Officer,
Services and Vigilance,
Establishment,
Administrative Tribunal and Administration,
Training and
Central Services.
Each of these wings is headed by an officer of the rank of Joint Secretary or
an Additional Secretary. DoPT acts as the "formulator of policies pertaining
to recruitment, regulation of service conditions, and deputation of
personnel" [9] , besides advising all organisations of the Central Government
on issues pertaining to personnel management.

Existing Legal Framework for Civil Services and

Recruitment Agencies
Part XIV of the Constitution of India - Article 308 onwards - makes
provisions for dealing with the civil services. In terms of Article 309, the
appropriate Legislature (Parliament or the State Legislature) is empowered to
legislate to regulate the recruitment and conditions of service of persons
appointed to the public services and post them in connection with the affairs
of the Union or of any State [10] . The proviso to Article 309 states that it
shall be competent for the President or the Governor, as the case may be, to
make rules relating to the recruitment and conditions of service of persons
appointed to the services and posts in connection with the affairs of the
Union and the State respectively until provisions in that regard are made by
or under an Act of the appropriate Legislature [11] . In terms of the above
proviso, a number of Rules have been made from time to time by the Union
and State Governments and these essentially govern and regulate the public
services in India.
Article 310 of the Constitution provides that all members of the civil services
of the Union and the All India Service hold any civil post at the pleasure of
the President and all members of the civil services of a State do so at the
pleasure of the Governor of the State [12] . Article 311 provides certain
safeguards regarding dismissal, removal or reduction in rank of persons
employed in civil capacities [13] . Article 312 provides for constitution of the
All India Services [14] . Articles 318 to 323 deal with the Union Public
Service Commission (hereinafter, "UPSC") and State Public Service
Commissions. Article 320 stipulates that it shall be the duty of the Union
and the State Public Service Commissions to conduct the examinations for
appointment to the services of the Union and the services of the States
respectively [15] . It further stipulates that the UPSC or the State PSCs shall
be consulted on all matters relating to methods of recruitment to the civil
services and on the principles to be followed in making appointments to the
civil services and posts and in making promotions and transfers from one
service to another. Article 323 lays down that it shall be the duty of the
Union Public Service Commission to present annually to the President a
report of the work done by the Commission and on receipt of such report the
President shall cause a copy thereof together with the Memorandum
explaining, as respects the cases, if any, where the advice of the
Commission was not accepted, the reasons for such non-acceptance to be
laid before each house of Parliament [16] . Similar provision also exists for
the State Public Service Commissions. Article 323(a) authorizes the
Parliament to set up administrative tribunals regarding disputes with
respect to recruitment and conditions of service of persons appointed to
public services [17] .
Hence, it is clear that the relationship between a civil servant and
Government is defined by Statutes/Rules. Different aspects governing the
conditions of service of civil servants are provided by different rules
promulgated under Article 309 of the Constitution.

The Scheme
In the above context; considering the manner of evolution of civil services in
India, their organizational structure and the existing legal framework
regarding the civil services and recruitment agencies this paper will examine
and analyze the procedure for recruitment and appointment of government
servants in India. The way in which the legislature, executive and judiciary
have worked to ensure that the recruitment procedure reflects the apolitical
and independent nature envisaged in the constitution will be the central
motif existing throughout the paper. The first part of the paper will focus on
the recruitment procedure. The chapter will deal with the various
recruitment agencies, their functions and their vitality to the recruitment
process. The various methods of recruitment and judicial opinions regarding
their apt use will be highlighted too. The second part of the paper will focus
in the appointment procedure. The chapter will begin by differentiating
recruitment from appointment. The appointment procedure and its inherent
connection with the recruitment procedure will be examined. The major part
of the chapter will deal with judicial pronouncements that have imposed
safeguards as regards the government’s seemingly plenary power to appoint
individuals to concerned posts. The paper will conclude by summarizing its
findings and presenting recommendations whereby the recruitment and
appointment procedure may be further strengthened.

Recruitment Procedure
This part of the paper will focus on the manner in which the recruitment for
civil services is conducted by the Union and State Governments. Due regard
shall be given to the constitutional provisions and service rules framed
under them. This chapter will begin by differentiating and delineating the
contours of the term "recruitment" and "appointment" as interpreted in
India’s service law jurisprudence. It will then delineate the role in
recruitment of various recruitment agencies namely, the UPSC, the State
Public Service Commissions and the Staff Selection Commission
(hereinafter, "SSC"). The various forms of recruitment and their use and
purpose will then be examined. Lastly, various judicial pronouncements that
will demonstrate the finer details regarding the manner of recruitment will
be dealt with.

Recruitment and Appointment

The terms recruitment and appointment are not considered synonymous in
India’s service law jurisprudence; they are considered to be two different
stages. In Prafulla Kumar Swain v Prakash Chandra Misra & Ors [18] a
three judge bench of the Supreme Court went on to decide "the meaning and
effect of the two terms" [19] and held that "recruitment in just an initial
process. It connotes and clearly signifies enlistments, acceptance, selection
or approval for appointment" [20] . The court differentiated it from
appointment by stating that "certainly, this is not actual appointment or
posting in service. In contradistinction the word appointment means an
actual act of posting a person to a particular office" [21] . This decision
conclusively settled the difference between the two terms and has since been
followed by the Supreme Court in various decisions such as R.S. Ajara &
Ors v State of Gujarat & Ors [22] , State of Himachal Pradesh v J.L. Sharma
& Anr [23] and H.S. Vankani & Ors v State of Gujarat & Ors [24] .

Recruitment Agencies
The recruitment process in India is largely undertaken with the assistance
of three recruitment agencies namely, the UPSC, the State Public Service
Commissions and the Staff Selection Commission. While UPSC and State
PSCs are constitutionally recognized by virtue of Article 315 [25] , Staff
Selection Commission has been set up by a Resolution of the Government
and it has the status of an attached office of the Department of Personnel
and Training. Each of these agencies serves a particular purpose different
from the others.
The Union Public Service Commission comprises the Chairman and ten
Members. The UPSC makes recruitment for "All India Services; Group ‘A’
Central Civil Services/posts, and Group ‘B’ Gazetted posts in Ministries/
Departments of the Central Government" [26] . The Commission also
conducts the examination for recruitment of Commissioned Officers in the
Defence Forces. Some Union Territories (UTs) also avail the services of the
Union Public Service Commission for recruitment to the posts under the UT.
The set up of Staff Selection Commission (SSC) comprises its Headquarters
located in New Delhi and 09 Regional/Sub Regional offices located at
different parts of the country. The SSC (Hqrs) comprises the Chairperson,
two Members, one Secretary-cum-Controller of Examinations and other
supporting officers and staff. "The Regional/Sub-Regional offices are
responsible for receipt and processing of applications for various
examinations, issue of admit cards to the candidates and conduct of
examinations, interviews and physical endurance tests (wherever required)
either at the Regional Headquarters or other major cities in the
regions" [27] .
The State PSCs perform the functions performed by the UPSC at the State
level where senior civil officers for the concerned state are to be appointed.
Hence, SSC, as is apparent from the functions performed by it is concerned
with the performance of certain functions ancillary to the process of
recruitment while the primary functions rest with the UPSC and State PSCs.
All these recruitment agencies perform a facilitative and consultative role by
assisting the executive with the recruitment process.

Various Forms of Recruitment

The Government has as its disposal generally 6 modes of recruitment. These
are:
"Direct Recruitment
Promotion
Deputation
Absorption
Re-employment
Short-term Contract" [28] 

Direct Recruitment
Direct recruitment is the recruitment which is "open to all candidates,
eligible as per the provisions regarding age, educational qualification/
experience etc. as prescribed in the concerned Recruitment Rules" [29] .
Direct recruitment is conducted broadly under two methods:
Recruitment by competitive examination
Under the Constitution one of the functions of the UPSC and State PSC
under Article 320 is "to conduct examinations for appointment to Civil
Services/Posts of the Union and the states, respectively" [30] . In addition,
competitive examinations are also held by the UPSC under arrangements
with the Ministry of Defence for entry to certain Defence Services, through
the National Defence Academy, Indian Military Academy, Naval Academy,
Air Force Academy and the Officers Training Academy. The UPSC usually
conducts over a dozen examinations every year on an all India basis. These
include Examinations for recruitment to services/posts in various fields,
such as Civil Services, Engineering, Medical and Forest Service, etc.

Recruitment by selection
Recruitment by Selection is made by the following methods [31] :
By Interview Only
Where the number of applicants is very large, it is not practicable to call for
Interview all the applicants who fulfil the minimum eligibility conditions
prescribed. The Commissions, therefore, shortlist the candidates to be called
for the interview on the basis of certain pre-determined criteria related to the
job. A large number of recruitment cases are handled by the Commissions
by this method
By Written Test Followed By Interview
In this category, there are two types of procedure followed:
An objective-type written and/or practical test to test the skill of the
candidates followed by Interview, the final selection being decided by
Interview, aided by the performance of the candidates in the written test
and/or practical test.
An objective-type written and/or practical test to screen candidates to be
called for interview, the final selection being decided by Interview only.

Promotion
"Promotion is method of recruitment from feeder grade post(s) to higher post
in the hierarchy as per the provisions of the Recruitment Rules" [32] . If
promotion is kept as a method of recruitment, it is also necessary to lay
down the number of years of qualifying service before the persons in the
field become eligible for promotion. Only regular, and not ad hoc, period of
service is taken into account for purposes of computing this service.

Deputation
"Deputation is a method of recruitment where officers of Central
Government Departments or State/ UT Governments from outside are
appointed to post(s) in Central Government for a limited period, by the end
of which they will have to return to their parent cadres" [33] . In case of
isolated post it is desirable to keep the method of recruitment of deputation/
short term contract as otherwise the incumbents of such posts, if directly
recruited, will not have any avenue of promotion/ career progression.

Short Term Contract

"Short term contract is also a form of deputation where officers from non-
Government bodies e.g. universities, research institutions, public sector
undertakings for teaching, research, scientific and technical posts can come
to Central Government posts" [34] .

Absorption
The mode of absorption is applicable only to officers who are on deputation.
"If the recruitment rules for the concerned posts provide for absorption as a
mode of recruitment, then such officers can be permanently absorbed in the
post/grade" [35] . Absorption can only be affected in the case of officers who
are on deputation from Central/State Government .

Choosing the appropriate form of recruitment

In order to decide the appropriate form of recruitment for a post(s), the
government is supposed to give due consideration to the following
considerations [36] :
The nature of duties, qualifications and experience required.
The availability of suitable personnel possessing, the requisite qualifications
and experience within a cadre.
The need for ensuring that suitable incentives exist for the maintenance of
an adequate standard of efficiency in the cadre.

Judicial Pronouncements
In various cases, the Supreme Court has had to decide the question whether
the government or appropriate authority was correct in choosing a
particular mode of recruitment as opposed to another one that might have
been more apt [37] . The Supreme Court has brushed aside all such
challenges and held that "in the absence of any constitutional bar (eg.,
Article 233) determination of the mode of recruitment to a service or post is
a matter of policy of government" [38] .
In Jaiswal v Debi [39] , the Supreme Court ruled that if before the selection
is held the Government withdraws its requisition from the PSC, neither the
candidate nor the PSC itself can insist on continuing the process of
recruitment by selection. In a similar vein, the Supreme Court in Asha v
State of J&K [40] held that if the government wants to disapprove or reject
the list submitted by the PSC, it ought to do so within a reasonable time of
the receipt of the list and for reasons to be recorded and the Government
cannot accept a part of the list and reject the rest.
The sense of non-interference run through most of these orders, the
Supreme Court has stood by such non-interference in case of qualifications
set by the government too. In Mahendran v State of Karnataka [41] , it held
that the "propriety of particular qualification for a post laid down by the
government cannot be interfered with by the Court" [42] .
As regards the sanctity of the examination conducted by the PSC the
Supreme Court in Dalpat v Mahajan [43] held that "the Court would not
interfere with the comparative merits of candidates as assessed by the
examining body, in the absence of bias or mala fides or material irregularity
in the constitution of the examining body or the procedure adopted by it-
because these are matters requiring an expertise which the courts do not
possess" [44] .
In Sardara Singh v State of Punjab [45] the Supreme Court observed that
where rules relating to the recruitment do not require both written and viva
voce tests, selection by interview alone cannot be held to be illegal. Further,
it observed that there is no inflexible standard as to the duration of an
interview and hence, its length cannot be ground to challenge recruitment
proceedings.

Appointment Procedure
Recruitment is not synonymous with appointment. It signifies enlistment,
acceptance, selection or approval for appointment and not actual
appointment or posting in service. In case of Basan lal Malhotra v. State of
Punjab [46] , the High Court of Punjab and Haryana held that appointment
means as actual act of posting a person to a particular office. [47] 
When the recruitment of persons is done with the help of the Union Public
Service Commission, the of the advice of the Commission is not binding
upon the government for final appointment but a convention has been
established by the Government of India, that in the following classes of the
cases referred to the Commission, the recommendations made by them shall
be accepted, save in exceptional circumstances. [48] 
Quasi-judicial cases.
Selection for appointments of candidates.
Appointment of a candidate on a higher initial pay than that of a minimum
pay of the posts.
Claims of expenditure incurred by the Government servants in defending
legal proceedings instituted against him in respect of acts done or
purporting to be done in the execution of his duty.
The candidates selected for appointment by the Commission are also
informed about their selection to the post with the advice to contact the
concerned Ministry/Department for further correspondence. [49] The
selected candidates are also informed that the offer of appointment will be
made to them only after the Government have satisfied themselves after
such enquiry as may be considered necessary that the candidates are
suitable in all respect for appointment to the service. [50] Further they are
also informed that the appointment will be subject to such other conditions
as are applicable to all such appointments under the Central
Government. [51] 
Under Article 309 of the Constitution, acts of the appropriate legislature
may regulate the recruitment, and conditions of service of persons
appointed, to public services and posts in connection with the affairs of the
Union or of any state. This article is subject to other provisions of the
constitution, and thus the Supreme Court in case of Secretary, State of
Karnataka v. Umadevi [52] has also held that the rules made under this
Article are subjected to the other provisions of the Constitution. [53] 
Thus the rules made under this Article must not violate Article 14, 16, 19,
310, 313 or the condition of equal pay for equal work laid down in Article
39(d). [54] 
In Indravadan H. Shah v. State of Gujrat [55] the Supreme Court of India
held that Article 14 and 16 of the Constitution ensure that there should not
be any discrimination in the manner of appointment in the service, nor
there will be any arbitrariness or unreasonableness in the rules of
recruitment providing for appointment to the service either by promotion or
by direct recruitment. [56] 
In the above case there was introduction of age restriction as regards the
promotion by appointment to the post of Assistant Judge from amongst the
members of the Gujrat Judicial Services (Junior Branch) as provided in
Rules 6 (4) (i) and 6 (4) (iii) (a) of the Gujrat Judicial Services Recruitment
Rules, 1961. [57] The Supreme Court observed that there is no nexus to the
object sought to be achieved by the introducing the age restrictions. The
court held that "there is obviously no rationale nor any reasonableness for
introduction of this age bar in regard to appointment by promotion of the
post of an Assistant Judge. The rule is, therefore, arbitrary and it violates
the statutory principles of equality and want of arbitrariness in the matter of
public employment as guaranteed by Article 14 and 16 of the
Constitution." [58] 
Thus the power of the state an employer is more limited than that of a
private employer inasmuch as it is subjected to constitutional limitations
and cannot be exercised arbitrarily as observed by the Supreme Court in
Secretary, State of Karnataka v. Umadevi [59] , and the state is expected to
act as a model employer exhibiting "fairness in action". [60] 
Hence the right of the state to make appointments to its service is not
arbitrary. [61] But Appointments on compassionate grounds are exception
to the equality clause under Article 14, [62] and must be must be made
expeditiously.
Further if appointments are in violation of the rules or the provisions of the
constitution, the illegality cannot be regularised. The ratification or
regularisation is possible of an act which is within the power and province of
the authority but there has been some non-compliance within the procedure
or manner which does not go to the root of the appointment. [63] 
Thus if an employee has been appointed illegally, he cannot be regularised
by an act of legislature unless proper Validation act is passed which
changes the very basis of the provisions relating to an appointment
retrospectively. [64] 
In Satchidananda Misra v. State of Orissa [65] , appointments had been
made to the Orissa Medical Health Services under the 1973 rules even
though they had been replaced in 1979. This was sought to be regularised
by a Validating act without changing the basis of the initial appointments
itself.
Further Cahndraprakash Madhavrao Dadwa v. Union of
India, [66] recruitment qualifications cannot be changed retrospectively so
as to deprive persons of their right to the posts to which they were recruited
or affect their confirmation. [67] 
Appointments made after the enforcement of the amended rules will be
governed by the amendments made therein except where there is inordinate
delay in making the appointment. [68] There is a change in policy of
reservation by amendment to the rules and embargo placed on appointment.
The government is not obliged to fill up the existing vacancies and
successful candidates do not require an indefeasible right to be
appointed. [69] 

Transfers in Indian Civil Service

The Fifth Pay Commission noted the gravity of transfer problem and
suggested detailed guidelines by each department as part of a
comprehensive transfer policy. There should be the conception of a normal
tenure of 3 to 5 years. Premature transfers need to be on sound grounds.
Detailed reasons must be given and the officer should have the right to
appeal against such decisions. Decisions on transfers without a change in
incumbency of the Prime Minister (PM) or the Chief Minister (CM) should be
taken after a thorough examination by the Civil SeNices Board. The Civil
SeNices Board at the Centre should comprise of a retired Judge of the
Supreme Court or a High Court, a prominent person in public life and the
Cabinet Secretary. At the state level, the first two positions need to be jointly
decided by the CM and the Leader of the opposition, while the Cabinet
Secretary's position in the Board could be replaced by the Chief Secretary.
For each premature transfer, the Secretary Personnel will have to submit a
detailed explanation to the Civil SeNices Board. If the Board does not accept
this transfer request, it needs be tabled before the House in the next
session. The Conference of Chief Ministers of May 27, 1997 modified the
Fifth Pay Commission's recommendations, seeking to secure power to the
political executive. The CM would appoint top positions like the Chief
Secretary, the Director.General of Police and the Chief Conservator of
Forests. The Civil Services Board would recommend transfers of officers of
the level of Joint Secretary or above and Heads or Additional Heads of
Departments, Divisional Commissioners, Financial Commissioners, District
Magistrates and Superintendents of Police. The Chief Secretary would be the
Chairman of the Civil Services Board. The second member would be the
Additional Chief Secretary, the Chairman of the Revenue Board or the senior
most financial commissioner. The Member-Secretary would be Secretary
Department of Personnel and Training.23 The difference between the
recommendations of the Fifth Pay Commission and the Conference of Chief
Ministers is stark. There was no mention of a normal tenure by the Chief
Ministers. The top positions were sought to be made fully subservient to the
political executive. No participation from the judiciary or civil society was
suggested in the Civil Services Board, which was to be entirely constituted
by the top bureaucracy. Civil servants of the Indian Administrative Service
(lAS) are subject to rapid and often arbitrary transfers from their posts
throughout their careers. To rapid transfers of lAS officers is one important
factor among others that demoralise these key civil servants and adversely
affects corruption-free sustainable development. The high rate of lAS
mobility practised at the present time draws considerably from the one
established during the British period as a means of centralising power and
controlling corruption. The current scenario, however, provides ample
evidence that the system has actually contributed to increasing corruption.
The civil servant-politician relationship of mutual benefits continues to be of
a temporary nature as a change of government and shifting loyalties could
necessitate renewed transfers. Both politician and bureaucrats alike have
contributed towards the institutionalisation routine on the one hand and
political and financial manipulation on the other. Several individuals,
including a few former civil servants, have suggested concrete steps for
securing a form of fixed tenure for key civil servants in the state
administration. They argue that fixed tenures will safeguard the integrity of
the honest. 217 However, such a proposal may result in officials developing
vested interests and it would be unfair to the public if an incompetent
and/or corrupt civil servant is posted in one place for a long period of time.
As Zaffar Saifullah one former Cabinet Secretary put it, "If appointment are
not made on merit, how they will enforce a better regime? Fixed tenures for
the bureaucracy are like a fixed tenure for a government". De Zwart sums
up the problem rather nicely when he writes, "Most people in Indian are
convinced that without regular transfer, corruption and the abuse of power
would become more or less universal. The existing regulations - which in
fact make transfers possible at all time - derive a large measure of legitimacy
from this conviction".
Probation

SECTION 1. GENERAL: Vacancies may be filled by permanent,

probationary, provisional, or temporary appointments, as well as by
transfer, promotion, or demotion.

SECTION 2. APPOINTMENT AND NOTIFICATION OF APPLICANTS: The

appointing authority will interview all candidates certified to the requesting
department before making an appointment. All candidates on an eligible list
in the top seven (7) ranks or established bands are eligible for selection.
After making the selection the appointing authority will notify all candidates
interviewed of the results.

SECTION 3. PERMANENT APPOINTMENT: Employees who have

successfully completed the probationary periods designated for their
classifications shall be given permanent status. Former permanent
employees appointed from a reemployment eligible list shall be given
permanent appointment when reemployed.

SECTION 4. PROBATIONARY APPOINTMENT: All appointments to fill

permanent vacancies shall be probationary appointments, except for
demotions or transfers of permanent employees, or appointments from
reemployment eligible lists unless otherwise provided in this rule.

Former probationary employees serving probation periods consisting of 2080

hours or less and whose names were placed on a reemployment eligible list
before they achieved permanent status shall start a new probationary period
when appointed from a reemployment eligible list.

Former probationary employees serving probation periods of more than

2080 hours and whose names were placed on a reemployment eligible list
before they achieved permanent status shall resume their probationary
period when appointed from a reemployment eligible list.

SECTION 5. PROBATIONARY PERIODS:

A. The probationary period is the final phase of the examination process. It

shall be used by the appointing authority for the effective adjustment of new
employees through supervision, counseling, and evaluation, as well as for
the elimination of any probationary employees who do not meet the required
standards of work. The appointing authority may terminate a probationary
employee at any time during the probationary period without the right of
hearing by or appeal to the Commission except when an employee alleges,
and substantiates in writing, discrimination based on one or more of the
characteristics identified in Section II of the San Mateo County Equal
Employment Opportunity Policy as the reason for rejection. In case of
rejection during probationary periods, employees shall be given written
notice, with reasons therefore, at once. A copy of such notice will be sent to
the Director at the same time. An appeal to the Commission based on the
above-described allegation and written substantiation of discrimination
must be received by mail, fax, email or hand delivery by the Director within
14 calendar days of the date on which the notice of rejection is mailed or
hand delivered to the employee.

B. Probationary full time employees shall undergo a probationary period of

1040 hours, unless a longer period, generally not to exceed 2080 hours, is
prescribed by the Commission for their classifications. Probationary part
time employees shall undergo a probationary period of 1040 hours, unless a
longer period is prescribed by the Commission for their classifications.
Management employees shall undergo a probationary period of 2080 hours.
Notwithstanding the foregoing limitations, law enforcement and other
classifications as deemed by the Commission may be required to undergo a
probationary period of 3120 hours. Probationary periods of individuals may
be extended with good cause upon request of the department head and
concurrence of the Director. Probationary employees who transfer to another
department in a position in the same classification may be required to start
a new probationary period, as determined by the Director. Probation periods
shall be automatically extended by any leave of absence by the length of
such leave provided such leave exceeds 10 working days and provided such
extension is in full pay period increments.

C. Time worked by an employee in a temporary, extra help, or provisional

status shall not count towards completion of the probationary period. The
probationary period shall start from the date of probationary appointment.
Probationary employees in permanent part time positions shall be credited
with that proportion of full time employment that they work in a
probationary status.

D. An employee who is not rejected prior to the completion of the prescribed

probationary period shall acquire permanent status automatically.

E. An employee who is laid off and subsequently appointed as a result of

certification from a general employment eligible list to a position in a
different classification than that from which laid off shall undergo the
probationary period prescribed for the classification to which appointed.

SECTION 6. TEMPORARY APPOINTMENT: With approval of the Director, a

person may be appointed temporarily to fill a regularly established,
permanent position during the temporary absence of the incumbent. If a
person appointed is a permanent County employee he/she shall retain the
right to return to his/her permanent position when the employee who has
been temporarily absent returns. Probationary employees may not receive
temporary appointments. Permanent County employees who accept a
temporary appointment shall not suffer any loss of employee benefits. No
person shall achieve permanent status as a result of certification or
appointment to a temporary position.

SECTION 7. PROVISIONAL APPOINTMENTS: When no eligible list exists for

a classification the Director may either certify from an alternate eligible list
or authorize a department head to make a provisional appointment to fill a
vacant permanent position. The person appointed must meet the minimum
qualifications for the classification and be otherwise eligible. After an eligible
list is established for that classification the Director will certify names to fill
the position with a probationary employee. If the provisional employee does
not receive a probationary appointment he/she must vacate the position
within thirty days following certification. In no case may a provisional
employee occupy a permanent position for more than six months.

SECTION 8. EXTRA HELP APPOINTMENT:

A. Positions needed because of temporary requirements or other unusual

work conditions may be filled by extra help appointments.

B. Extra help employees have no tenure and may be terminated at any time
without right of appeal or review by the Commission.

C. Extra help employees are not entitled to employee benefits other than pay
for time worked.

D. No person shall achieve permanent status as a result of certification or

appointment to an extra help position.

SECTION 9. EMERGENCY APPOINTMENT: In the event that a certification

procedure prescribed in the Civil Service Commission Rules would, in an
emergency situation, delay or impair efficiency of County government
operations, or might cause stoppage of public business, or in order to meet
any emergency, the appointing authority may make emergency
appointments for the duration of the emergency and for a time thereafter
sufficient to permit an orderly return to the normal conduct of public
business. When such emergency appointments are made the appointing
authority shall immediately notify the Director, naming the appointees,
dates of appointment, classifications in which hired, duties of the positions
to which appointed, and the nature of the emergency.

SECTION 10. PROMOTIONS:

A. Except as provided in paragraph B of this section, permanent employees

who are promoted to a higher classification shall undergo the probationary
period prescribed for the higher classification, but if rejected during the
probation period shall have the right to demote to their former classification
in their former department if a vacancy in their former classification exists.
If no vacancy exists, such employee shall be placed in the longest standing
vacancy in their former classification, as determined by the requisition form
date, County-wide, for which he or she meets the minimum qualifications. If
no vacancy exists, such employee shall displace the least senior employee as
determined by the seniority provisions of Rule XVI, Section 4.B. If no less
senior position exists, then the employee shall be removed from County
service.

B. Where flexible staffing exists in a general series of classifications,

employees in lower level classifications may be promoted to the higher level
classifications without examination or certification from an eligible list,
provided that the department head furnishes detailed evidence of work
performance to the Director, that the Director approves such action, and
that the employee satisfies all other requirements of the position. Where
flexible staffing exists between trainee and journey level classifications the
employees shall not have the right to revert to their former trainee
classifications if rejected during the probationary period.

Note: Employees represented by AFSCME and SEIU in flexibly staffed

classifications shall not serve a second probationary period when promoted
from the trainee to the journey level if they have completed the probationary
period at the trainee level. If such employees promote from the trainee level
to the journey level without having completed the probationary period for
the trainee level, they shall serve the remainder of the probationary period
after promotion to the journey level and shall not have the right to revert to
their former trainee classification if rejected during the probationary period.

1. This section does not apply in cases where there is limited flexible
staffing as delineated in the County Salary Ordinance.

SECTION 11. DEMOTIONS:

1. Demotions may be ordered as part of a reorganization or reduction in

force, at the request of the employee, or for cause. Demotions other than
for cause may be made only upon the recommendation of the department
head and approval by the Director. The procedures for appeals and
hearings are provided in Rule XIV.
1. An employee may, with the approval of the Director and the
department head, demote to a vacant position in another classification
for which he/she possesses the skills and fitness. Employees who demote
to a classification in another series may be required by the department
head to start a new probationary period. If unsuccessful in the new
probationary period the employee will be terminated from County service.
If a new probationary period is a condition for demotion, the employee
must sign a statement indicating an understanding of this fact prior to
the effective date of the demotion. At the approval of the Director, a
 demoted employee may have his/her name placed on the reinstatement
eligible list for the classification from which demoted.
1. A permanent employee who is involuntarily demoted shall be given a
permanent appointment in the lower classification.
1. Employees in unclassified positions, who previously held positions in
the classified service and who did not have a break in County service
between the classified and unclassified appointments are also eligible for
demotions.
1. Court employees who were appointed to their positions in the Court as
a result of a competitive examination process shall be eligible to demote
consistent with paragraph B above. Eligibility under this section shall
expire on November 9, 2002.

SECTION 12. TRANSFERS:

A. An employee may, with the approval of the Director and the gaining
department head, transfer to a vacant position: 1) in the same classification
in the same department, or 2) in the same classification in a different
department. Probationary and permanent employees who transfer to a
classification in another series or in another department may be required by
the department head to start a new probationary period. If unsuccessful in
the new probationary period, the employee will revert to the prior
classification as determined in Section 10. A., above. If a new probationary
period is a condition for transfer, the employee must sign a statement
indicating an understanding of this fact prior to the effective date of the
transfer.

B. The Director may approve without examination or certification

involuntary interdepartmental or intra-departmental transfer of employees
in the same classifications because of reorganizations or changes in
workload. Employees affected shall be given reasonable written advance
notice.

C. Court employees who were appointed to their positions in the Court as a

result of a competitive examination process shall be eligible to transfer
consistent with paragraph A, above. Note: Eligibility under this section
expired on November 9, 2002.

SECTION 13. APPOINTMENT TO POSITIONS IN AGENCIES TAKEN OVER

BY THE COUNTY: The County may appoint, without examination,
employees of an agency whose functions have been assumed by the County
to classified positions in the County service under the following conditions:

A. The Director has determined the proper classifications for the positions.
B. Employees of the agency with more than six months service shall receive
permanent appointments unless the Commission prescribes a longer
probationary period for the classification.

C. Employees of the agency for less than six months shall be given
probationary appointments.

D. No time served in the agency shall apply toward the computation of

seniority for the purposes of layoff from the County service.

SECTION 14. APPOINTMENT TO THE CLASSIFIED SERVICE OF

UNCLASSIFIED EMPLOYEES: The County may appoint, without
examination, unclassified employees to classified positions in County service
under the following conditions:

A. 1. The unclassified position had been grant funded and the County has
elected to continue the program, and the employee has held the position for
at least one year in a satisfactory capacity or

2. The unclassified position had been established for a short-time project,

the County has elected to continue the activity, and the employee has held
the position for at least one year in a satisfactory capacity and was hired
from an eligible list.

B. The Director has determined the proper classifications for the positions.

C. Time worked in the unclassified service under Charter Section 502.b.5

shall apply toward the computation of seniority for the purposes of layoff
from the County service provided that:

1. the maximum time that can be applied cannot exceed three years; and

2. the employee was hired into the position from an eligible list for the
position.

Employees hired into classified positions from the unclassified service prior
to January 1, 1988, shall have all such service apply for seniority purposes
without restriction.

D. Employees in unclassified positions for less than one year must take
competitive examinations to transition to the classified service and all
appointments to the classified service shall be permanent.

Note: The Commission revised Rule XI, Section 5B, on April 3, 2003.
Inquiry

Government employee holds a certain responsibility, which comes with their post; they have to
adhere with a certain kind of standard of conduct at both in official responsibility, as well as private
capacity. Government employee holds a responsibility towards the public as well as government.
To enforce this, there are certain rules and regulations laid down by different acts, which describes
the responsibility of civil servants and one of the major guidelines is Central Civil Service Conduct
(Rules) 1964.

Central Civil Service Conduct Rules

Central Civil Service Conduct and rules was notified on 30 th November 1964 and the rule came into
effect from the same day of notification. The CCS conduct rules apply to every person appointed to
Central civil service or post including civilians in defense of service. The rules don’t apply to railway
servant and the person holding a post in the railway board or of the financial commission of
railways.

CCS (Central civil service Conduct) rules also don’t apply to Member of the All India Services and
holder of any post of which president has, by general or special order, directed that these rules
shall not apply.

There is a total of 25 rules mentioned in this Act, the civil servant can be subjected to inquiry on
violation of any of the rules mentioned in the Act. The most vital rules which must be followed by
civil servants in the process of discharging their duty.

 Maintain absolute integrity, integrity here refers to honesty, efficiency and good behavior of the civil If he
fails to satiate any of them, departmental action can be taken against him on the charges of lack of
integrity.
 Devotion to duty which means if civil servant habitually fails to perform the task assigned to him on a
regular basis, an inquiry can be set on him.
 Conduct unbecoming of a government servant, civil servant should conform to the ordinary norms of
decency and morality, should not violate laws of the land, perform his official dealings promptly and
actions in courteous manner. The test of determining the conduct is left to the discretion of the
government, and the test will be objective not subjective. Actions can be taken for the ‘past
misconduct’ committed by government servant.
 Prohibition of sexual harassment of working women, civil servants should not get indulge in sexual
harassment of women colleague. Sexual harassment is defined in rule 3-C which includes (1)
physical contact and advances (2) demanding sexual pleasures (3) passing sexually coloured
remarks (4) showing pornography and (5) any other unwelcome physical, verbal or non-verbal
conduct of a sexual nature.
 Employment of near relatives of Government servants in companies or firms, this means a civil servants
near relative should not be employed with firms or companies with which he is dealing in his official
capacity.
  Involvement in strike, picketing, Gherao (wrongful restraint, confinement or trespass)

 Connection with Press or Media and Criticism of Government or sharing information which is
confidential and cannot be shared.

 Consumption of intoxicated drinks and drugs during office hours or coming to office after consuming it.

 Action against civil servant can be taken if he is convicted on criminal charges by court.

 Involvement of civil servant in infidelity, fraud, trustworthiness will amount to misconduct in duty on his
part.

 Habitual late attendance, absence without leave, non-performance of contract and disorderly behavior
during office hour.

Disciplinary Proceeding: Overview of Process

Complaints

What constitutes complaint?

According to the definition of vigilance, the receipt of information about corruption, malpractice or
misconduct on the part of the public servant, from whatever source, would be termed as
complaint.

What is the first action on receipt of the complaint?

The first action is to check whether it has got vigilance angle or not. If yes, then it will be entered
into the appropriate part of the register prescribed by vigilance manual. Vigilance angle includes
obtaining illegal gratification like obtaining money from corrupt means, abusing official position,
possession of disproportionate assets, forgery, cheating, and other criminal cases including the
different rules prescribed.

The registers are classified into two types namely into A listed officers and B listed officers, to
move forward against the complaints of a listed officers a recommendation from CVC(Central
Vigilance Commission) is required , but for B listed officer no such recommendation is required. In
a situation when officers of both categories are required the complaint will be maintained in A
listed register.

In case of false complaint, if it is found it was done on malicious or vexatious ground, the inquiry
will initiated against the false complainant officer, if he is not a government employee charges he
will be dealt with the normal proceeding for false complaint on civil servant.
The complaint can be entertained by different method by sending it to the department concerned,
if the matter is of grave important it can send to CBI or it can itself entertain by Vigilance
commission.

Disciplinary Proceeding
The disciplinary authority is one who is entrusted with authority to impose any penalty on account
of misconduct, generally the disciplinary authority is defined with reference to the post held by
employee and the definition mentioned in rule 2(g) of CCA rules. There are generally two kind of
authority one who can impose major penalty and another who can impose minor kind of penalty.

Mentions of disciplinary authority are clearly done in part XIV of the Constitution which relates to
‘Services the Union and states’, the article 309, 310 and 311 are related with the disciplinary
proceedings.

Art-309 –Talks about power given in the provision to the legislature enact laws and to make rules
regarding disciplinary activity of public servant. CSS (CCA) rules 1965 are made under this
provision.

Art-310-This article is also known as ‘Pleasure Doctrine’ as President can appoint Union civil
Government depending upon its pleasure. Pleasure of President can be overridden, only by express
provision provided in the constitution not any other else, it also talk about tenure of office of
persons serving the union or states.

Art-311-Talks about dismissal, removal or reduction in rank of persons employed in civil capacities
under union or state. The dismissal procedure does not apply to defense personnel under this
article. Two essentials features of this article are (1) Government servant be should informed
about the charges alleged on them (2) to give them reasonable opportunity to defend them.

Approach of disciplinary authority

The approach of disciplinary authority is clearly mentioned in guidelines of government to the

disciplinary authority.

 Advance warning- The disciplinary authority should inform employees about the expected behavior and
consequences of bad behavior.
 Consistency- Disciplinary authority should have an even behavior against everybody and should
dispose of cases efficiently and accurately in less time.
 Impersonal-This means no nepotism should be done for anyone, or unbiased inquiry and entertainment
of cases must be done from disciplinary authority side. In certain cases, good conduct in past career
of the employee can be taken into account while giving the judgment in certain specific cases.

 Immediate action-Immediate imposition of the penalty is expected on behalf of the disciplinary

committee without any delay, if other procedural steps of inquiry and ordering of penalties has been
 completed. Immediate message of imposition of penalty must be communicatedd to civil servant
eligible to face the penalty.

Process of Imposing penalty by disciplinary authority

The disciplinary authority appointed for Inquiring the cases are generally called Inquiring Officer (I
O) or Presenting Officer (PO). The procedure that is followed from entertaining the complaint to
the final decision and entertaining appeal in a systematic manner.

1. Examination of the complaint and whom to be appointed as investigating authority.

2. If there is need to suspend employee, on recommendation of delinquent employees of the

department, next step regarding this will be preliminary warning for misconduct, training of employee,
or providing counselling to them on certain matter, so that employee can improve and correct
himself.
3. Next step, in the process will be to consult with the CVC (Central Vigilance Committee) or any other
authority if required. The authority should tell whether is need to file a charge sheet on complain of
certain charges.

4. The Charge sheet can be issued according to the Rule 14(3) of CCS(CCA). Now the next process
will be to check whether there is need of oral hearing in case of imposing minor penalty on the civil
servant. After that the issue of charge sheet need to be addressed as whether there is a need to
conduct inquiry or close matter and impose penalty.

5. After all these process, the final order will be passed concerning the complaint against the civil
servant.

6. After the process of giving final order. In case there is an appeal on the decision from the employee
who is subject to inquiry. That appeal should be quickly forwarded to the appellate authority who has
got the right to entertain, the appeal cases.

Principles of natural justice

The principles of natural justice has been applied from more than thousand years and over the
period the term has expanded and presently the term denotes, basic principles relating to judicial,
quasi-judicial and administrative decisions. According to Krishna Iyer principle of natural justice is
the ‘Bone of healthy government administration’.

All decisions passed by the disciplinary committee should follow the principles of natural justice:

 Nemo debet esse judex in propria causa  (No man should be judge be in his own case)- A man cannot
judge his relatives or any person related to him in legal and he cannot be a judge in a case in which
he is involved.
  Audi altrem partem (Everyone should be given a right to be heard)- No decision can be taken without
hearing both sides, decision must not be given by just hearing one side in the case according to
Natural Justice.

 Justice should not be done, but it should appear to be done.

 Final orders must be reasoned speaking order and reason for the decision must be clearly identifiable.

Difference: Court vs Departmental Proceedings

Court proceedings / Criminal trial Departmental proceedings / inquiry/Misconduct

Judge hears both sides Inquiry officer hears both sides.

 Inquiry officer doesn’t give punishment. He merely sends his

findings to the disciplinary authority (e.g. Secretary of the
Judge gives punishment. department)
 Then disciplinary authority decides punishment against the
employee.

Double jeopardy doesn’t apply. e.g

1. court case is going on- yet department can start its own
 Article 20: Protection against Double proceedings/inquiry.
Jeopardy applies. 2. court acquits the accused employee- yet department can
 No person can be prosecuted-punished continue its proceedings/inquiry.
for same offense twice. 3. Officer files bogus bill to get LTC/Travelling allowance.
Department finds him guilty- orders him to repay from salary,
matter is considered over. (Punishment #1). But Five years
hence, department refuses to give him promotion citing earlier
misconduct. (punishment #2)

 Art.311: central-service/state-service/all India service

member cannot be dismissed/removed/reduced in rank, except
 Principles of natural Justice apply in after an inquiry with reasonable opportunity to defend himself.
every case.  BUT this doesn’t always apply.
 Every accused is given the opportunity  For example President can remove an All India service
to defend himself- even in the cases of officer, in the interest of national security -without holding any
national security (e.g. Kasab, Afzal Guru) inquiry, without giving reasonable opportunity to defend himself,
cross-examine witnesses etc.

We’ll see more about Art. 311 in separate article later.

 Jurisdiction is territorial in nature.

 e.g. Hunting bear/deer is legal in certain
states of USA. Indian citizen goes there,  Department can still take action for “conduct unbecoming of
hunts wild animals. Indian court can’t a government employee”.
punish, when he comes back.  e.g. Indian officer is sent abroad for training and involves in
 same for smoking marijuana in those type of activities.
Netherlands and shooting pornography in
California.
  Doesn’t apply to minor cases.
 e.g. Boss himself witnesses that employee has come late in
Judge cannot hear the matter if he himself is a the office/did not wear uniform/ was sleeping on job etc. He can
witness / complainant in that crime. cut salary.

guilty employee gets

 Major penalty: dismiss, remove, rank reduction, compulsory

 guilty person gets jail/fine/both retirement.
 Minor Penalty: censure, withholding promotion/ increment,
recovering loss.

by the way warning, displeasure, suspension=doesn’t count as

punishment. We’ll see more about types of penalties in later article.

 Police/Sarkaari Vakil will have to prove

the case beyond all reasonable  Not necessary to prove the case beyond all reasonable
doubts that accused person indeed doubts.
committed the crime.  If inquiry officer finds there is good chance that employee did
 ‘Burden of Proof’ in establishing a case the mischief=> can declare him guilty.
lies on the prosecution.  Decision is taken based on preponderance of probability.
 Benefit of doubt goes to the accused.

 Evidence Act applies  Doesn’t apply. Inquiry Officer can even rely on evidences
 Criminal Procedure code applies that are not admissible in courts. Examples in following points:

Hear-say evidence is not admissible e.g.

Hear-say evidence may be accepted in a departmental inquiry
Witness claims “someone told me that Accused
provided it has reasonable nexus and credibility.
person had affair with that dead woman.”

Sting operations may be admissible subject to

Inquiry officer may accept Sting operation as evidence without such
certain criteria, such as the court being satisfied
caveats. He may even hold the government servant guilty- even if
about the authenticity of the evidence and the
there is reasonable doubt e.g. video is not showing his clear face.
identity of the persons depicted.

Tape recorded conversations are admissible in

court. But there has to be strong corroborative Tape-recorded evidence can be freely admitted without such caveats.
evidences, otherwise termed as weak evidences.

Document cannot be accepted as ‘evidence’ IF

Can be accepted, even if document maker is not available for cross-
the person who wrote the document, is not
examination.
available for cross-examination.

Evidence of accomplice needs corroboration. Evidence of accomplice may be accepted without corroboration.

Circumstantial evidences enough for conviction-

Can be accepted without completing chain of events.
but must complete the chain of events.

Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to

state:-

(a) the details of provisions regulating major and minor penalties including censure being
imposed upon Government servants on being found guilty and convicted;
(b) the number of cases registered involving major penalty proceedings and punishment
awarded on conviction during each of the last three years and the current year, case-wise;
and
(c) the corrective measures taken or being taken by the Government to streamline the
pending proceedings against Government servants?
 

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and
Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a): Article 311(1) of the Constitution provides that no person who is a member of the
civil service of the Union or an all-India service or a civil service of a State or holds a
civil post under the Union or a State shall be dismissed or removed by an authority
subordinate to that by which he was appointed. Again as per Article 311(2) no such
person as aforesaid shall be dismissed or removed or reduced in rank except after an
inquiry in which he has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.
Disciplinary proceedings under the Central Civil Services (Classification, Control and
Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government
Servant for violation of the provisions of the Central Civil Services (Conduct) Rules,
1964. The procedures for imposition of major penalties minor penalties are
prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively.
There are similar provisions in Rules governing the All India Services.
A list of Minor and Major penalties that may be imposed on a Government servant
for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.
(b): The data on cases registered involving major penalty proceedings and punishment
awarded on conviction are not centrally maintained.
(c): It is the endeavour of the Government to strengthen and streamline the
institutional mechanism for disciplinary proceedings.
In order to check delays in completion of disciplinary proceedings, guidelines for
monitoring and expeditious disposal of the disciplinary proceedings cases have been
issued on 29th November, 2012.
MINOR PENALTIES

(i) Censure;
(ii) Withholding of his promotion;
(iii) Recovery from his pay of the whole or part of any pecuniary loss caused
the Government by negligence or breach of orders;
(iii a) Reduction to a lower stage in the time-scale of pay by one stage for a
period not exceeding three years, without cumulative effect and not
adversely affecting his pension.
(iv) Withholding of increments of pay;

MAJOR PENALTIES

(v) Save as provided for in clause (iii) (a), reduction to a lower stage in the
time-scale of pay for a specified period, with further directions as to whether
or not the Government servant will earn increments of pay during the period
of such reduction and whether on the expiry of such period, the reduction
will or will not have the effect of postponing the future increments of his pay
(vi) reduction to lower time-scale of pay, grade, post or Service for a period to
be specified in the order of penalty, which shall be a bar to the promotion of
the Government servant during such specified period to the time-scale of
pay, grade, post or Service from which he was reduced, with direction as to
whether or not, on promotion on the expiry of the said specified period –
(a) the period of reduction to time-scale of pay, grade, post or service shall
operate to postpone future increments of his pay, and if so, to what extent;
and
(b) the Government servant shall regain his original seniority in the higher
time scale of pay , grade, post or service;
(vii) Compulsory retirement;
(viii) Removal from service which shall not be a disqualification for future
employment under the Government;
(ix) Dismissal from service which shall ordinarily be a disqualification for
future employment under the Government.
Provided that, in every case in which the charge of possession of assets
disproportionate to known-source of income or the charge of acceptance
from any person of any gratification, other than legal remuneration, as a
motive or reward for doing or forbearing to do any official act is established,
the penalty mentioned in clause (viii) or clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons
recorded in writing, any other penalty may be imposed.