Why it is illegal to post non-IAS cadre officers as DCs

Ghunavi G Kinnimi Sumi

Guwahati 


The services of government servants are governed by the Government Services Rules. Government machineries must function within the ambit of guidelines, rules and acts with political neutrality for transparency and accountability in public services. In most cases,  public are not aware of government services rules whereas government officials always fail to comply the guidelines and rules of public services,  which in turn indulge more corrupt practices in government systems and deliver poor or zero developmental activities to public. If the government officials violate service rules, it's a clear indication of corruption and malpractices, which is not acceptable in the eyes of the law. Let me briefly explain why it is illegal to post non-IAS (Cadre) officers as Deputy Commissioner or District Collector (DC), with the latest relevant guidelines and rules of the Central Government (Servants) Services, Civil Services and the IAS (Cadre) Service:

 

1. Post description and eligibility criteria of Deputy Commissioner

Deputy Commissioner (District) is a very sensitive IAS (Cadre) post and is held by IAS officer in the rank of Junior Administrative Grade (JAG) or Selection Grade (SG). Only those IAS officers, who have successfully complete 4 weeks mandatory training course on "Mid-career training programme (IAS phase-III)" and Junior Administrative Grade (JAG) confirmed will be eligible to be posted as District Administration Head i.e. Deputy Commissioner. This IAS phase-III is the first series of the mid-career programme and it is the most important IAS training programme that imparts qualitative improvement in public service delivery in the larger context. IAS officers with 7-8 years of service, who are due to get promotion to the rank of Junior Administrative Grade (JAG) must complete this mandatory training programme and submit case study based on their own work experience, which is the major eligibility criteria and performance assessment for Junior Administrative Grade (JAG) promotion.

 

2. Can non-IAS cadre undergo training course on IAS Phase-III?

No. They are not eligible. This is a very special training programme for IAS (Cadre) officers only, which impart them to cope with multidimensional roles and challenges in the junior management level.  However, IAS confirmed officers of state civil service/central government services are also eligible for this course and they must complete this mandatory training programme before their posting as Deputy Commissioner (District) or Head of Department (HoD) at the state level. Provided that they already complete 6 weeks IAS induction training programme for promoted IAS officers.

 

3. Eligibility criteria for state civil services (Cadre) officers to hold Deputy Commissioner (District) post.

Union Public Service Commission (UPSC) conducts common annual examination for induction into the organized services viz. Indian Administrative Service (IAS), Indian Police Service (IPS) and India Forest Service (IFoS). Group A officers from State Civil Service (SCS)/non-State Civil Services (non-SCS), who have put at least 8 years of continuous service in Group A are eligible for this exam.  The examination consists of written exam (30% weightage for SCS & 55% for non-SCS), Service length (25% for SCS & NIL for non SCS), Interview (20% for both SCS & non-SCS) and last five years Annual Performance Appraisal Reports (25% for both SCS & non-SCS).  Only those officers who clear this exam, induct into IAS (Cadre) and complete mandatory IAS training course (IAS induction programme, IAS phase-III, IAS Phase-IV & IAS Phase-V) will be eligible to hold IAS (Cadre) posts such as Deputy Commissioner (District), Head of Department, Secretary, Chief Secretary to the state government.

 

4. Why is it important to post IAS (cadre) officers as Deputy Commissioner (District)?

The state level administration is headed by Chief Secretary and the district level is headed by Deputy Commissioner. The power of Deputy Commissioner is vested with multidimensional roles and functions within the district jurisdiction. He plays a vital role between local and state government. He implements and supervises all round developmental activities, programmes and projects in the district.  He is responsible to mentor and supervise IAS trainees during their district training period to impart ground level realities from district to village level. Non-IAS officers in the rank of JAG/SG are not qualified to impart training to IAS officers or sign project reports of IAS trainees during their district training as Project Supervisor, which is a major performance assessment before their posting as SDO (Civil). A non-IAS officer might have smart, intelligent and work experience but without proper IAS training, he will find difficulties to achieve excellence in implementation of developmental programmes or to develop a professional, impartial and efficient public service delivery.

 

5. Can non-IAS officers be posted as Deputy Commissioner (District)?

No. Deputy Commissioner (District) is an IAS (Cadre) post and non-IAS cannot be posted in any of the IAS (cadre) posts except ex-cadre posts. However,  in accordance with section 9 of the IAS (cadre) Service Rules,  non-IAS officers can be temporarily posted to IAS (cadre) posts for a period of three months (which can further extend up to another 3 months with prior approval of central government),  if suitable IAS officer is not available for filling the vacancy. Provided that when a suitable IAS officer becomes available, the person who is non-IAS shall be replaced by IAS officer.
In conclusion, I would like to raise three questions for public awareness:


1.     How did Nagaland government post non-IAS officers to IAS (Cadre) posts even when suitable IAS officers were available?


2.     Did the state government knowingly contravene the government services rules?


3.     Is there separate IAS (cadre) Service Rules for Nagaland State?