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Suspension of  an IAS officer

Suspension of an IAS officer

Neelesh Singh 10 MIN

Suspension of IAS officer

Recently the State Government has suspended IAS Officer of Uttar Pradesh cadre Abhishek Singh for missing work for a long time without explanation. He is missing from duty for the last 82 days and has not informed the office of the department of personnel & appointment in UP Government.

Singh was appointed as observer in the Gujrat elections in November last but removed by the election commission after he posted own pics with vehicle bearing his designation. The EC had removed Abhishek Singh from election duty on November 18 last year and since then he has not reported back to the UP Government.

Social media star

Known for his regular presence on various social media platform, Abhishek Singh has acted in the web series Delhi Crime Season-2 of Netflix. He has also acted in music videos of famous singer B Praak and Jubin Nautiyal.

No leaves for IAS, IPS officers till Feb 15

It may be mentioned that state government has cancelled the leave of all the IAS & IPS officers of UP till February 15 in the wake of Global Investors Summit (GIS) scheduled to be held between Feb 10 to 12.

Who is an IAS Officer?

The Indian Administrative Service officers are the permanent bureaucracy of the Government of India’s Executive Branch. The Indian Administrative Service and other affiliated services carry out executive decisions made by elected bodies of government.

A wide range of responsibilities are carried out by the Indian Administrative Service officers, and hence, they have a lot of discretionary powers as privileges. They are sworn in by the President of India. 

Can an IAS Officer be Suspended? Who can Suspend IAS Officers?

Yes, an IAS officer can be suspended under unforeseen circumstances, like crime and violation of any law under the Indian Constitution. Although there are several criteria for suspension of the officer, it is reviewed carefully, keeping the dignity of the officer.

Simply speaking, only the President of India can suspend or dismiss IAS officers after reviewing their case. The central government also has rights in this matter. If the suspension is to last for more than a year, the Central Review Committee has to be consulted.

Constitutional Protection:

Article 311 of Indian Constitution provides protection to the officers of state and Union. Article 311 reads as,

  1. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final