Many serving officers do not show appetite for the whistle-blower officer Sanjeev Chaturvedi for his constant quarreling with the establishment but this time some of them accept that his fight keeps adding to their endurance. Chaturvedi's personally painful but stubborn struggle for restitution of law in the functioning of AIS officers has finally made the obvious obvious to the DoPT.
In a matter related to Chaturvedi's case, the DoPT (Union personnel ministry) recently told the Punjab and Haryana High Court that the Centre can intervene in disciplinary cases instituted by state governments against IAS, IPS and IFS officers. In an affidavit filed before the court, the DoPT stressed that the central government has the power to relax any rule and regulation in certain cases if it causes "undue hardship" to the All India Service Officers.
The affidavit states that "Under Constitutional scheme, the subject of all India service is part of Union list. Further, President of India is the appointing authority in respect of all India services officers and only President/central government have the powers of dismissal, removal and compulsory retirement."
It argues that IAS, IPS & IFS officers are governed by a central Act -- All India Services Act, 1951 -- and rules framed therein, irrespective of their place of posting even while serving in state governments.
It further added that the central government has the power to relax relevant rules and regulations in cases it is satisfied that operation of such rules causes "undue hardship in any particular case".
In fact, All India Service Officers are destined to serve under the frequently changing political executives in states & at centre. These political executives often differ with other political executives and this is something which put the AIS officers at constant risk and exposed and make them prone to being victimised.