Centre helpless in Durga case
7 Aug 2013 5:20 AM IST
Despite the missive from United Progressive Alliance (UPA) chairperson Sonia Gandhi, in the midst of an intensifying political battle between the Centre and Samajwadi Party (SP) over the suspension of IAS officer Durga Shakti Nagpal, the All India Service Rules has tied down the hands of the central government.
The Centre cannot intervene to review the suspension of an IAS officer until and unless an appeal has been filed by the officer with the Department Of Personnel and Training (DoPT) against the suspension order. ‘We have not yet received any appeal from the aggrieved officer, only after such an appeal is filed, we will get into action and resolve the issue on merit. Normally, an officer approaches the state government, we cannot act suo moto,’ said Minister of State for Personnel V Narayanasamy.
The minister also added that since Durga Shakti Nagpal, is serving in the state cadre, the rules restrict the Centre from intervening in the issue.
As per rule 16 of All-India Services (Discipline and Appeal) Rules, the suspended officer can appeal before the Union government, but, this has to be done within 45 days of receiving the suspension order. Appeals are addressed to the secretary, Department Of Personnel and Training (DOPT) and being the minister-concerned of this department, Prime Minister Manmohan Singh himself will take decision.
While the Centre has expressed its helplessness to intervene in the matter at this stage, the Samajwadi Party (SP) on Monday asserted that UP government’s decision was correct and final and went on to say that the Central government can remove all IAS officers from the state if it wants to. ‘If the Centre wants to intervene, it can remove all the IAS officers from Uttar Pradesh. We will run the state with our own officers,’ said SP leader Ram Gopal Yadav. With daggers drawn between SP and the Centre over the suspension issue, PM that laid down rules will be followed.
The Centre cannot intervene to review the suspension of an IAS officer until and unless an appeal has been filed by the officer with the Department Of Personnel and Training (DoPT) against the suspension order. ‘We have not yet received any appeal from the aggrieved officer, only after such an appeal is filed, we will get into action and resolve the issue on merit. Normally, an officer approaches the state government, we cannot act suo moto,’ said Minister of State for Personnel V Narayanasamy.
The minister also added that since Durga Shakti Nagpal, is serving in the state cadre, the rules restrict the Centre from intervening in the issue.
As per rule 16 of All-India Services (Discipline and Appeal) Rules, the suspended officer can appeal before the Union government, but, this has to be done within 45 days of receiving the suspension order. Appeals are addressed to the secretary, Department Of Personnel and Training (DOPT) and being the minister-concerned of this department, Prime Minister Manmohan Singh himself will take decision.
While the Centre has expressed its helplessness to intervene in the matter at this stage, the Samajwadi Party (SP) on Monday asserted that UP government’s decision was correct and final and went on to say that the Central government can remove all IAS officers from the state if it wants to. ‘If the Centre wants to intervene, it can remove all the IAS officers from Uttar Pradesh. We will run the state with our own officers,’ said SP leader Ram Gopal Yadav. With daggers drawn between SP and the Centre over the suspension issue, PM that laid down rules will be followed.
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