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Can a state CM rewrite DoPT rules on AIS officers?

By MK Shukla & Rakesh Ranjan- 11 Apr 2021
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New Delhi (12.04.2021): AP CM Jaganmohan Reddy loves to set new precedents.

The latest one that has got the goat of the civil servants is the order (GO RT No 726 dated April 10) for vesting in himself the authority of state chief secretary as the 'accepting authority' for annual appraisal reports of IAS and IPS officers. Only the appraisal of the secretary to the Governor is left out from the purview of this order.

This has triggered the most uncomfortable question whether a state CM has the authority to rewrite the rules governing all-India service officers. Can the DoPT accept this unconcealed and blatant violation of its authority?

Earlier, Reddy had done something more 'atrocious' by writing to the SC CJI against Justice NV Ramana. Of course, the SC trashed his letter, recommended the appointment of Justice Ramana as the next CJI, and President Ram Nath Kovind completed the formality of appointing Ramana as the successor to outgoing CJI SA Bobde.

Even though Reddy has no influence over the central government as is proven beyond doubt by the appointment of Ramana as the new CJI, he is seen undeterred in his adventurist approach to administration. His latest move to make himself the 'accepting authority' for appraisal reports of IAS&IPS officers is seen as taking chances with the well-established rules and procedures of governance.

The new order reduces the state CS to the position of the 'reviewing authority' of the annual appraisal reports of IAS&IPS officers received from departmental heads who are supposed to be 'reporting authority'. And the acceptance or rejection of the annual appraisal reports will be subject to the pleasure or annoyance of the state CM. 

The order claims that the changes to extant provisions are designed to  “ensure uniformity and control of the executive over the administration for effective public service delivery.”

(By MK Shukla & Rakesh Ranjan)

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