Last Updated on 25/07/2024 by Ankita Jain
The controversy over fake certificate and Divyang quota of Maharashtra cadre probationary IAS officer Pooja Khedkar posted in Pune Collector’s Office has been going on for a long time. After being surrounded by controversies, Lal Bahadur Shastri National Administration Academy located in Mussoorie, Uttarakhand has cancelled Pooja Khedkar’s training program from Maharashtra. Along with this, the academy has also issued a letter to call her back immediately. In such a situation, let us know whether the job of a person posted on the post of UPSC IAS, IRS or IFS officer can be terminated.
Investigations are first conducted against IAS officers involved in unfair means
UPSC exam is one of the toughest exams in the country. Every year lakhs of candidates study hard and appear for the IAS, IRS or IFS post, but only a few are able to reach this post. An IAS has the responsibility of all the departments of the district. As the District Magistrate, he is the head of the police department as well as other departments. The District Magistrate also has the responsibility of the police system of the district. In such a situation, if an IAS is found doing some wrongdoing, he is not easily removed from the post. For this, a thorough investigation is done. If the IAS is really involved in unfair means, due to which the public is suffering loss or they are against his job, then his job can be terminated but only one person has the right to do this.
If found guilty, your rank may be reduced or you may lose your job
The rules related to termination of IAS job are written in Article 311 of the Constitution. Under Article 311 (2), if an officer is convicted of a crime, his rank can be reduced and his job can also be terminated. Government employees dismissed under these provisions can go to tribunals like State Administrative Tribunal or Central Administrative Tribunal (CAT) courts. According to Article 310, except the provisions provided by the Constitution, a civil servant in the Union works at the will of the President and a civil servant under the state works at the will of the Governor of that state. In such a situation, dismissing him from the job is also in the hands of the President, not UPSC.
Even the Chief Minister of the state cannot give the order to dismiss
Only the President can remove an IAS, IRS or IFS officer from his job. According to the Constitution, this right has not been given to UPSC. Even the Chief Minister of the state cannot remove an officer from his post permanently. An FIR has been filed by UPSC in the Pooja Khedkar case. Only after the investigation is completed and the final decision is taken, the President will decide whether Pooja Khedkar should be removed from her job or not.
The state government has the right to suspend IAS, but these are the conditions
The state government does not have the right to remove an IAS officer from his job but it has the right to suspend him. If the state government suspends an All India Service officer like IAS, then they have to inform the Cadre Control Authority by sending a letter within 48 hours. To continue the suspension after 30 days, the state government has to take permission from the central government. But an IAS officer can be suspended only when the minister in charge of the Department of Personnel and Training (DoPT) gives approval for it.