Appeal Rule 16 of All-India Services (Discipline and Appeal) Rules, 1969 allows for an All India Service officer to appeal against adverse decisions of State government and also submit a memorial to the President under Rule 25. In Sanjeev Chaturvedi’s case, the President used powers under this rule to quash the illegal suspension orders of the Haryana government. The President of India, the appointing authority of all AIS officers, has original powers to step in and take corrective action. It needs to be pointed out that State governments only have powers via delegated legislation. In Durga’s case, step in he must, and Durga must go in appeal via a Memorial to the President. The Union government can and must protect the Durgas in the Service. This is not about politics; this is about right and wrong. The political executive is supreme because they are democratically elected — to serve, not to rule. The permanent executive is equally supreme for they are competitively selected (through one of the toughest examinations in the world), also to serve, and they owe their existence to the Constitution, and not to the political leadership. The civil servant is not there to serve the politician, s/he is a servant of the people. But first, the bureaucracy needs to weed out the corrupt from among them, or else the political executive will always “divide and rule.”
Posted on: Thu, 08 Aug 2013 23:55:05 +0000
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