News Excerpt:

IAS probationer Puja Khedkar is under investigation by the Department of Personnel and Training (DoPT). 

More about the news: 

• The conduct of civil servants is primarily regulated by the All India Services (Conduct) Rules, 1968, and the IAS (Probation) Rules, 1954. These rules outline the standards and expectations regarding the behavior and performance of officers serving in the Indian Administrative Service.

Background: 

• The Centre established a single-member committee under the Department of Personnel and Training (DoPT) to review all documents submitted by probationary IAS officer Puja Khedkar for her civil services candidacy. 
• Khedkar achieved a rank of 821 in the 2022 UPSC Civil Services Examination and was appointed to the Indian Administrative Service (IAS) under the Other Backward Classes (OBC) and Physically Handicapped (PH) quotas. 
• Concerns have been raised regarding her appointment under these categories. Additionally, Khedkar is facing multiple allegations of misconduct, including seeking unauthorized privileges not appropriate for a probationer, allegedly occupying the District Collector’s office's antechamber, and using an unauthorized red-blue beacon on her private Audi sedan, which she claims was received as a gift.

Rules on ‘integrity’ of services:

• The AIS (Conduct) Rules govern all officers of the IAS, IPS, and Indian Forest Service from the time they are allocated to their respective services and commence training.
• According to AIS (Conduct) Rule 3(1), every member of the service is required to maintain absolute integrity and dedication to duty at all times, refraining from any conduct unbecoming of a member of the service.
• Rule 4(1) further specifies that officers must not misuse their position or influence to secure employment for their family members in private enterprises or NGOs.
• In 2014, additional sub-rules were introduced emphasizing the need for officers to uphold high ethical standards, integrity, honesty, political neutrality, accountability, transparency, responsiveness to the public, courtesy, and respectful behavior.
• The rules also mandate that officers make decisions solely in the public interest, disclose any private interests related to their public duties, avoid financial or other obligations that may influence their decisions, refrain from misusing their position for personal gain, and avoid decisions that could benefit themselves, their families, or friends financially or materially.
• Under Rule 11(1), officers are permitted to accept gifts from close relatives or personal friends with whom they have no official dealings, on occasions like weddings, anniversaries, funerals, and religious functions. However, any gift exceeding Rs 25,000 in value must be reported to the government, with this threshold last updated in 2015.

Rules for probationers:

• During their probation period, which extends for at least two years after selection into the services, officers are governed by specific rules. This period includes their training at the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in Mussoorie. At the end of this probationary period, officers undergo an examination, and upon passing it, they are confirmed in their respective services.
• Probationers receive a fixed salary and travel allowance but do not have automatic entitlement to several benefits granted to confirmed IAS officers. These include official perks such as an official car with a VIP number plate, official accommodation, an assigned chamber with support staff, and a constable.
• Rule 12 outlines conditions under which probationers may be discharged. These conditions include findings by the central government that the probationer is ineligible for recruitment or unsuitable for membership in the service, willful neglect of probationary studies or duties, or lacking the necessary qualities of mind and character required for the service.
• The Centre conducts a summary inquiry before making decisions under these rules, similar to the ongoing inquiry initiated against Khedkar by the DoPT. The committee responsible for this inquiry is expected to submit its report within two weeks.

Furnishing false information

• Since the batch of 1995, 27% of seats in the services have been reserved for the OBC category. The reservation for Physically Handicapped (PH) candidates was introduced in 2006, allocating 3% of seats in each category (General, OBC, SC, and ST) for differently abled individuals.
• Despite her low rank, Puja Khedkar was allotted the prestigious IAS through these quotas based on her OBC and PH certificates. However, if it is proven that these certificates were falsified, Khedkar could face dismissal from service. Probationers are "discharged," while confirmed officers are "dismissed."
• According to a 1993 circular from the Department of Personnel and Training (DoPT), any government servant found to have provided false information or produced a false certificate to secure appointment should not be retained in service. This rule applies even if the individual has already been confirmed and is not a probationer.
• However, such a dismissal is likely to be contested in court, including appeals to the Central Administrative Tribunal (CAT) and the National OBC Commission, processes that could extend over several years. Meanwhile, the officer may remain in service during this period.
• Previously, Puja Khedkar was involved in a legal dispute at the CAT regarding her PH status. According to a CAT order dated February 23, 2023, the UPSC had directed Khedkar to undergo a medical examination at AIIMS, New Delhi, in April 2022, but she requested a postponement due to a Covid-19 infection.
• Despite the rescheduling, Khedkar did not attend the examination, although she later submitted an MRI report from a private facility to support her claims. The CAT order noted that AIIMS officials were unable to assess her visual disability percentage due to her non-response to their attempts to contact her.
• Critics have questioned Khedkar's OBC (non-creamy layer) status, citing her seemingly affluent background. The OBC category distinguishes between creamy and non-creamy layers, with only the latter eligible for reservations in government services and institutions. This determination is based on criteria such as parents' income and occupational background.
• For those with parents in the private sector, eligibility for non-creamy layer status requires an annual income below Rs 8 lakh. In contrast, income is not considered for those with parents in the public sector. According to DoPT rules, individuals are classified as creamy layer if either parent becomes a Group-A official before the age of 40 or both are Group-B officials with similar ranks. Puja Khedkar's father, Dilip, is a retired officer from the Maharashtra Pollution Control Board who is currently involved in politics.