The question of premature reshuffling of officers in the cadres of Indian Civil Service had been brought before the country’s Apex Court some years ago. Frequent and premature transfer of senior officers in civil service cadres is not a sign of good governance. Civil Service rules deal with this question and the practice is that by and large the rules are followed. However, in the course of a PIL, the Supreme Court issued directive in 2013 asking the States and Union territories to constitute Civil Services Boards that will handle the matters pertaining to the reshuffle/transfer of IAS/IPS/IFS officers. The Court had issued the order after it felt that more often than not the senior All India Service cadre officers were sometimes not allowed to complete their tenure at one place and are prematurely transferred. Administratively speaking, this is a retrograde step and leads to much damage to administrative process. The practice could lead to corruption and create great hurdle in providing good governance to the people.
While going through the practice of reshuffle/transfer of senior IAS cadre officers in the State, the Governor found that Civil Services Boards as proposed by the Apex Court were not constituted in our State. The verdict of the Apex Court was actually based on the recommendations of Hota Commission constituted 2004. The Governor was surprised that this important order had not been implemented for reasons not known to us. We are aware that authorities who used to transfer or reshuffle the senior officers did so out of their sweet will. In many cases political considerations compelled transfer of the officers. Whatever is the case these transfers seemed arbitrary and detrimental to the administration. The fact is that political interference in administration has brought down the standard of administration. Good governance is possible only when administration is allowed to function without exterior pressures and influences. Rules can be enforced only in a state of clean, just and genuine administrative process.
The Governor has ordered implementation of the orders of the Supreme Court and Civil Services Boards will be constituted to regularize the affair of reshuffle/transfer of senior IAS cadre officers. Obviously, these officers will feel happy that a proper set of rules is made operative in respect of their transfers. Not only that, the directive says that if there are cases where premature reshuffling/transfer is sought, the Board shall ask for full details from concerned department heads the justification for premature reshuffle. It will not recommend of its own ay transfer but will frame opinion on the basis of the report from concerned departments about the justification of a particular transfer. Directive has also been issued as to who shall be the Chairman of the Board and who shall be its members. Generally, the Chief Secretary will be the Chairman of the Board and senior IAS/IPS/IFS secretaries will be its members while the Secretary GAD would be the Member-General Secretary. Boards will be according to different cadres to which officers belong. The functions of the Civil Services Boards would be to make recommendations for all appointments of the cadre officers and examine the cases of officers, who are proposed to be transferred before completion of minimum period of service as specified under IAS, IPS and IFS (Cadre) Rules. These Boards may consider for transfer before the tenure fixed under these Rules and recommend the competent authority the names of officers for transfer before completion of minimum tenure with reasons to be recorded in writing.
Constituting of the Boards will do away with the practice of meeting out arbitrary treatment to senior officers. They worked under threat of being shunted out unheard. In a number of cases injustice has been done and the State’s interests have been jeopardized. With the guarantee that they will not be shifted before their tenure at a given post, it is natural that they will try to show better and result-oriented performance. In turn that helps in giving people good Government. The main purpose of constituting these Boards is to make the transfer/reshuffle of IAS cadre officers transparent.
As long arbitration remained concentrated in one hand, the senior cadre officers felt miserable if they were berated in policy framing. The implementation of Apex Court’s directive enhances the prestige and status of bureaucracy. We expect them to utilize enhanced trust of the Government in the service of the people. In their quarterly reports, the Boards will convey to the Government details of their recommendations for transfer as well as performance of the officer of higher ranks. This is also part of democratization process. The officers who are identified for premature transfer will be given a chance to explain their case. The new Government is will be formed in due course of time. But it is hoped that the orders of the apex Curt now revived by the Governor will be implemented in letter and in spirit to make running of administration smooth and free of hassles.
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