Explained: Shah Faesal will return to IAS; what are the rules for the resignation and reinstatement of a director?

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The return to service of Faesal, the first Kashmiri to top the civil service exam, had been reported as early as August 2020, when he left the presidency of the Jammu and Kashmir People’s Movement (JKPM), the party he had founded. after leaving the IAS, and announced that he was leaving politics altogether.

Faesal’s resignation in January 2019 had not been accepted by the government, pending an investigation into some of his social media posts. In 2020, a senior government official said The Indian Express that the fact that his resignation was never accepted meant that “the door is always open for him” to return to the IAS.

What rules apply when an IAS officer chooses to resign?

A “resignation” is a formal notification in writing by an officer of their intention to leave the IAS. Guidelines from the Personnel Department, the executive vetting department of the IAS, state that a resignation must be clear and unconditional.

The resignation of an officer from any of the three All India Services (IAS, Indian Police Service and Indian Forest Service) is governed by Rules 5(1) and 5(1)(a) of All India Services (Death-cum-Retirement Benefits) Rules, 1958. There are also similar rules for other central services.

To whom does a leader hand in his resignation?

An officer serving in an executive (state) must submit his resignation to the chief secretary of the state. The civil servant in central deputation is required to submit his resignation to the secretary of the ministry or department concerned.

The ministry/department forwards the officer’s resignation to the relevant state executive, together with his/her comments/recommendations.

A resignation can be rejected. In mid-2020, a principal secretary in the Punjab government resigned, but was dismissed by the then chief minister, Captain Amarinder Singh.

What happens after the resignation is submitted?

The state verifies whether any dues are outstanding against the officer, as well as the officer’s state of vigilance. The relevant state government is expected to send, together with its recommendation, information on these two issues to the central government.

The resignation of the officer is only considered by the competent authority, ie the central government, after receipt of the recommendation of the officer concerned.

The competent authorities are: the Minister of State in the Department of Personnel and Training in the case of the IAS, the Minister of the Interior in the case of the IPS, and the Minister of the Environment, Forests and Climate Change as it relates to the Forest Service.

Under what circumstances is a resignation accepted?

The guidelines say it is not in the government’s interest to retain a reluctant officer. According to the guidelines, resignations are accepted under normal circumstances.

However, according to the guidelines, when a suspended staff member resigns, the competent authority must consider, with reference to the merits of the disciplinary case pending against the staff member, whether he would be in the public interest to accept the resignation.

In some cases, resignations were rejected because disciplinary cases were pending against officers. In this case, the agreement of the Central Vigilance Commission (CVC) is obtained.

The government also checks whether the officer concerned has executed a bond for serving the government for a specified number of years due to the specialized training, fellowship or scholarship.

Can an executive withdraw his resignation?

Following a rule change in 2013, executives have the ability to withdraw a resignation within 90 days of accepting it. Rule 5(1A)(i) states that the central government may authorize an official to withdraw his resignation “in the public interest”.

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However, “the request for withdrawal of resignation is not accepted by the State when a member of the service resigns from his service or from his position in order to associate with a political party or an organization which takes part in political life, or to participate in, subscribe to, or otherwise assist in any political movement or political activity or to solicit or otherwise interfere with, or use its influence in connection with, or participate in, an election for any local legislature or authority.

Shah Faesal resigned on January 9, 2019 and tried his luck in politics for a year and a half before quitting politics.

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