Two IAS officers have been suspended in Kerala citing violation of the All-India Services (Conduct) Rules, 1968 (AIS Rules).
One IAS officer had made derogatory remarks against his senior colleague on social media, while another was suspended for allegedly creating a religion-based WhatsApp group.
Salient features of a civil servant:
Fairness:
It emphasizes on treating all individuals or groups equally and without any internal or external influence. It is a path that is more consistent with moral intent and moral reasoning.
Qualitative value:
Fairness is a qualitative value, and it expects the decision maker to be fair and just. Civil servants need to treat the community as human beings and there is no room for bias.
There is no place for feelings of caste, class, religion, advantage and preference in the reasoning of civil servants of this type.
Integrity:
It is the quality of having clear moral convictions and a strong will to follow them in conduct at all levels of life and interactions.
It implies honesty in actions and constant maintenance of the highest ethical standards, which is important for building trust among the weaker sections.
Provisions of the All-India Services (Conduct) Rules, 1968:
These rules are the bedrock of ethical and professional standards aimed at ensuring fairness, integrity and adherence to constitutional values in the conduct of IAS, IPS and Indian Forest Service officers.
The mentioned standards:
The ethical standards:
Officers must adhere to ethics, integrity and honesty. They are also expected to remain politically neutral, accountable and transparent in their actions and decisions.
The supremacy of constitutional values:
Officers must uphold constitutional values so that their duties as public servants committed to the legal framework of the country remain intact.
Participation in the mass media:
Officers can participate in the public media in the context of real professional competence. However, they have been barred from using such platforms to criticise government policies.
Legal and Media Perspectives:
Officials are not allowed to redress or defend official actions subject to criticism through the court or the media without prior approval of the government.
General Conduct:
Officers should avoid any behaviour that is considered “inappropriate” for their service. This ensures that the officers maintain a high standard of decorum and professionalism.
Issues related to AIS Rules, 1968:
Lack of clear social media guidelines:
The existing rules do not explicitly address the communication and conduct of officials on social media platforms.
The rise of digital engagement has created ambiguity, making it difficult to set boundaries and enforce appropriate behaviour.
Improper Conduct Clause:
The term “inappropriate conduct for a member of the service” is a broad, undefined clause, which leads to inconsistent enforcement and creates the potential for abuse.
Power imbalance in enforcement:
The enforcement of these rules is often in the hands of senior officials and government officials. Junior officers can be vulnerable to abuse of rules by superiors, which requires protection against favouritism and arbitrary proceedings.
Role of civil services in a democracy:
Formulation of policy:
Civil servants provide technical expertise and practical insights that help in the formulation and determination of public policy.
Implementation of Policies: Civil servants are responsible for the implementation of policies passed by the legislature. This includes overseeing the practical application of laws and policies.
Delegated Legislation:
Civil servants are often tasked with making detailed rules and regulations under delegated legislation. The legislature sets the framework, while civil servants define the specifics required for day-to-day government functions.
Administrative Adjudication:
Civil servants also have quasi-judicial powers and are responsible for adjudicating matters relating to the rights and obligations of citizens.
It ensures speedy, fair adjudication in public interest, especially for vulnerable groups or technical issues, and facilitates timely dispute resolution.
Stability and Continuity:
Civil servants maintain stability and continuity in governance during election-induced political changes and ensure smooth policy and administrative processes despite changes in leadership.
Guardians of National Ideals:
Civil servants act as guardians of the ideals, values and beliefs of the nation. They play an important role in safeguarding the social, economic and political fabric of the nation.
Article 311:
According to Article 311 (1), no government servant of the All-India Service or State Government shall be dismissed or removed by the authority subordinate to him which appointed him.
According to Article 311 (2), any civil servant shall be dismissed or removed from office or demoted in rank only 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.
Exceptions to the requirement of examination (Article 311 (2)) Testing is not required in the following situations:
Criminal Convictions:
A person is dismissed or removed or reduced in rank based on his conduct which has led to his being convicted of a criminal charge (Section 2 (a)).
The practical impossibility:
Where the authority authorised to dismiss or remove or reduce the rank of any person is satisfied that for any reason to be recorded in writing by that authority, it is not reasonably practicable to conduct such an inquiry (Section 2 (b)).
National Security:
Where the President or the Governor is satisfied that it is not expedient in the interest of the security of the State to conduct such an inquiry. Section 2 (c)).
Solution:
The exact social media guidelines:
The rules should clearly define the limits on the use of social media by officials to ensure that officials are able to engage in public communication about government initiatives in a responsible manner.
Clarifying the section on ‘inappropriate conduct’:
“The vague term” “unsuitable for a member of the service” “may be clarified by providing a list of instances in the past where action was taken under this section.”
Responsible anonymity:
The emphasis may be on remaining neutral and unbiased while serving the public, especially in the age of social media where visibility is preferred over discretion.
Wise use of social media:
Officers, especially young officers, must be reminded that while social media is a tool to promote government initiatives, it must uphold the dignity and fairness of the civil service.
They should avoid making personal opinions or biased statements which may affect their neutrality.
