KAS Officers Posted As Deputy Commissioners In Violation Of Rules 8 & 9 In J&K?

Rajesh Gupta

New Delhi, Novermber 3: The IAS Association had time & again opposed the increasing trend of state governments appointing state civil service officers to IAS cadre posts such as District Magistrate.

In one representation reportedly it had requested to the Department of Personnel and Training, the association will argue that such appointments go against the All India Service Rules, and warn that they could lead to a parallel administrative structure convenient for the ruling parties in states, and destroy the federal fabric of the country.

The association had reportedly asked the DoPT to direct state governments not to issue any orders or actions that may violate the All India Service Rules.

It said that Rule 8 of the All India Service Rules clearly states: “…save as otherwise provided in these rules, every cadre post shall be filled by a cadre officer.”

Rule 9, however, provides for “temporary appointment” of non-cadre officers to cadre posts only if the vacancy is expected to not last more than three months, or a suitable officer from the cadre is not available for filling the vacancy.

Further, even when these conditions are fulfilled, the state government is supposed to take prior concurrence of the central government before appointing a non-cadre officer to a cadre post. 

Pertinent to mention here that back in 2004, a judgment of the Punjab and Haryana High Court said the appointment of non-cadre officers in cadre postings is patently illegal, impermissible in law and totally in contravention of the very object of constitution of All India Services.

The states are learnt to have appointed these officers without any permission from the central government, a trend that could have to please their blue eyed's but nobody bothered is a question mark....?

The IAS body has urged the central government and the Election Commission to ensure that only IAS or cadre officers are appointed to sensitive posts during elections.

In its representation, the association had also asked the DoPT to strike down the orders appointing such officials in all states, if they are found to be illegal in the course of inquiries.

However, KAS rules also speaks that "the selected candidates (KAS officers) take up various administrative posts at the district level such as Sub Divisional Magistrate or Additional Deputy Commissioners and if needed, they are promoted to the IAS officer ranks like District collector (commonly known as Deputy Commissioners) after serving as the KAS officer for a specific period but Govt had had posted lot of blue eyed KAS officers as Deputy Commissioners is a hundered millions question.....but who will reply.....?

 

 

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