Rules governing the conduct of Civil Servants
Kartavya Desk Staff
Syllabus: Governance: Civil Services/ Ethics: Conduct of Civil Servants
- •Source: IE*
Context: Puja Khedkar, a probationary IAS officer, is under scrutiny by the Department of Personnel and Training (DoPT) for alleged misconduct and issues related to her appointment under the OBC and PH quotas. The centre has set up a single-member committee under the Department of Personnel and Training (DoPT) to review her appointment process.
What is the Issue about?
Puja Khedkar (IAS 2022 batch), despite a low rank, obtained a position in the IAS through OBC and PH reservations. Allegations question the validity of her OBC and PH certificates. If proven that these were falsified, she could face discharge from service. This controversy is compounded by her failure to attend a required medical examination for her PH status, citing reasons including a COVID-19 infection. Critics have also raised concerns about her eligibility for OBC benefits due to her family’s political background and her father’s former government service.
Rules Governing civil servants in India:
Rules on Integrity of Services | Rules for Probationers
All IAS, IPS, and IFoS officers are governed by the All-India Services (Conduct) Rules from the time they join their respective services and begin their probation period. | Probationers are governed by additional rules during their probation period, which lasts at least two years after selection.
Integrity and Devotion to Duty | IAS (Probation) Rules
Rule 3(1): Officers must uphold absolute integrity and dedication to their duties at all times. | Officers undergo training at LBSNAA in Mussoorie and must pass an examination at the end of two years to be confirmed in their service.
Gifts and Benefits | Salary and Allowances
Rule 11(1): Officers may accept gifts only from near relatives, with strict reporting requirements for any gift exceeding Rs 25,000 to prevent influence on their duties. | Probationers receive a fixed salary and travel allowance but do not have entitlements like an official car, official accommodation, or an official chamber with staff.
Unbecoming of an Officer | Probationer Discharge
Rule 4(1): Officers must not use their position or influence to secure employment for any family member with private undertakings or NGOs. | Rule 12: Circumstances for discharge include being found ineligible or unsuitable by the central government, neglecting duties, or lacking essential service qualities.
Property Details | Enquiry Process
Rule 13: Officers must annually submit property returns detailing all immovable properties owned, inherited, acquired, or held through lease or mortgage by themselves or family members. | If disciplinary action is initiated, a summary enquiry by a DoPT-appointed committee submits its report within two weeks to inform decisions regarding the probationer’s status.
Sub-Rules Added in 2014 |
Added standards include maintaining high ethical standards, integrity, honesty, political neutrality, accountability, transparency, responsiveness to the public, and courtesy in public interactions. |
Ethical issues concerning Puja Khedkar’s case:
Ethical Issues | Description
Misuse of Reservation Quotas | Allegations that Khedkar may have falsely claimed OBC and PH status to secure a position in the IAS, exploiting affirmative action meant for disadvantaged groups.
Misconduct and Special Privileges | Accusations include seeking undue privileges, such as using an unauthorized beacon on her car and occupying official premises improperly.
Falsification of Documents | Concerns were raised about the authenticity of her OBC and PH certificates, which, if proven false, could indicate deception in securing her civil service appointment.
Integrity and Ethical Conduct | Questions about adherence to the All India Services (Conduct) Rules, including maintaining integrity, avoiding misuse of position, and transparency in dealings.
Legal and Disciplinary Violations | Issues related to disciplinary actions for failure to attend mandatory medical examinations and other alleged breaches of conduct as outlined by the rules for probationers.
Public Trust and Accountability | Impact on public trust in the civil service, given the sensitive nature of the allegations and the importance of ethical behaviour in upholding the integrity of governance.
Other rules regarding the conduct of Civil servants:
• Code of Conduct for Civil Servants: Mandates that every member of the service maintains:
• Integrity and honesty Political neutrality Promotion of merit, fairness, and impartiality Accountability and transparency Responsiveness to the public, particularly the weaker sections Courtesy and good behaviour towards the public.
• Integrity and honesty
• Political neutrality
• Promotion of merit, fairness, and impartiality
• Accountability and transparency
• Responsiveness to the public, particularly the weaker sections
• Courtesy and good behaviour towards the public.
• Draft Public Service Bill (2007): Proposed by the Ministry of Personnel, Public Grievances, and Pensions to establish generic standards known as “values” for civil servants. Major values include:
• Allegiance to constitutional ideals Apolitical functioning Prioritization of good governance for public welfare Objective and impartial duty performance Accountability and transparent decision-making Highest ethical standards maintenance Merit-based selection respecting cultural and ethnic diversities Economy in expenditure Promotion of a healthy work environment Communication, consultation, and cooperation in management.
• Allegiance to constitutional ideals
• Apolitical functioning
• Prioritization of good governance for public welfare
• Objective and impartial duty performance
• Accountability and transparent decision-making
• Highest ethical standards maintenance
• Merit-based selection respecting cultural and ethnic diversities
• Economy in expenditure
• Promotion of a healthy work environment
• Communication, consultation, and cooperation in management.
Committee Recommendations:
Committee Recommendations | Description | Year
Santhanam Committee | Recommended reforms in recruitment processes and ethical standards for civil servants. | 1964
Hota Committee | Suggested measures to enhance transparency and merit-based selection in civil service recruitment. | 2003
Second ARC | Advocated for reforms to improve efficiency and accountability in recruitment and training. | 2006
Alagh Committee | Proposed reforms to align civil service selection processes with modern requirements. | 2008
Khanna Committee | Examined issues related to civil service reforms and competency in public service delivery. | 2010
Conclusion:
The Puja Khedkar controversy highlights the critical need for honesty and transparency in civil services. Rules are in place to prevent misuse of authority for personal benefit. The incident also prompts scrutiny of the reservation system’s integrity and implementation. Ethics are pivotal in ensuring public trust and confidence in civil service operations.