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PM, CMs final authority to decide premature transfer of civil servants

While the prime minister will have authority over the transfer of IAS officers serving at the Centre,

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Prime Minister Narendra Modi and Chief Ministers of States have been made final authority to decide on transfer and postings of civil servants before completion of their minimum prescribed tenure.

As per rules, all states should have civil services board or committee on minimum tenure to decide on transfer and postings of the bureaucrats. This board and committee are mandated to record reasons for transferring a civil servant before completion of his or her fixed tenure.

Officers of Indian Administrative Service (IAS) generally have a minimum of two years tenure in each posting. As per the new rules notified by Department of Personnel and Training (DoPT), the civil services board may obtain the information from the administrative department of the state concerned or any other relevant sources while considering the transfer of an officer before completion of specified tenure.

"The competent authority may amend, modify or reject the recommendation of the civil services board for the reasons to be recorded in writing," the latest rules said.

In case of IAS officers serving at the Centre, Prime Minister is the competent authority. The Chief Ministers of states are competent authority for IAS officers working under their administrative control.

The new rules are seen by some of the senior serving officers as refinement of existing ones regarding transfer and postings of civil servants. "It will bring transparency in civil services board and competent authority will have to record reason for arbitrary transfers," a senior IAS officer said.

The Indian Administrative Service (cadre) Second Amendment Rules, 2016, which modifies Indian Administrative Service (cadre) Rules, 1954, mandates the civil services board to submit annual report on January 1 to the central government about the date of the meetings held by them and also to upload the same on the website of the concerned state government or union territory in public domain.

As per old norms, the committee on minimum tenure or civil services board were to submit "a quarterly report" to the central government clearly stating the details of officers recommended to be transferred before the minimum prescribed tenure, with the reasons for the same.

The civil services board is headed by Chief Secretary of a state and has Senior most additional chief secretary or Chairman, Board of Revenue, Financial Commissioner or an officer of equivalent rank and status as member. In addition, it will have Principal Secretary or Secretary, Department of Personnel in the state government as member secretary.

To insulate the bureaucracy from political interference and to put an end to frequent transfers of civil servants by political bosses, the Supreme Court had in 2013 directed the Centre and the states to set up a civil services board to consider transfers and postings of bureaucrats among others. The stability of all India services officers, especially in the states, has been a matter of concern for a long time.

Frequent and arbitrary transfers of officers before completion of a reasonable tenure on any post have always been considered as a major reason for the declining standards of administration, the DoPT had said in a note sent to states some time back seeking establishment of civil services board. IAS officers like Ashok Khemka, Durga Sakthi Nagpal and Kuldip Narayan, among others, have allegedly been victims of arbitrary suspensions and transfers. 

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