The Haryana government on Sunday finally transferred IPS officer Kala Ramchandran as chief secretary of the Department of Transportation.
While Vij cited All India Services (Cadre) rules and asked the state government to first seek mandatory consent from the trade union government’s Department of Personnel and Training (DoPT), sources revealed that Khattar was firm that the officer must be transferred to the IAS cadre post, although the government may or may not require DoPT approval later for the transfer.
Sources revealed that, while canceling Interior Minister Anil Vij, Khattar ordered Kala Ramachandran’s transfer orders to be issued on Sunday. Justifying its decision, the prime minister’s office added that there were 12 key secretary posts, of which only 10 were occupied. “But at the same time there are also a number of IAS officers, who could have been transferred against their cadre post rather than choosing an IPS officer,” a senior IAS official told Indian Express.
The government, however, is of the opinion that such a move is aimed only at “promoting competition and ensuring improved service delivery”.
However, Vij had refused to relieve the officer until the government obtained approval from the DoPT, the Prime Minister’s office proceeded with the transfer anyway, and Haryana’s Chief Secretary Vijai Vardhan issued the orders. required on Sunday.
The Haryana government is already facing criticism from the Union government for violating the rules on IAS frameworks. In several previous appointments of IPS officers to IAS cadre posts, the state government had not taken the mandatory DoPT clearance, which is a norm in these cases.
Ramachandran’s new relocation is likely to further fuel another controversy, with the DoPT already seeking a “detailed report” from the Haryana government on all of these non-executive officers who have filled IAS executive posts in the state.
Currently, in Haryana, there are nine such non-executive officers belonging to the IPS / IFS / IRS, who are seconded against the executive posts intended for IAS officers and in most cases, the state government has not requested prior permission for the itself by the central government.
As per regulation, “The IAS executive post can be filled by a non-executive officer only when a suitable executive officer is not available” and “if it is proposed to continue that non-executive post beyond a period of three months, it is mandatory the prior approval of the central government “.
The rules also add that “even if the appointment must be made for a period of less than three months by the unselected list officers, the prior approval of the central government is mandatory”.
Furthermore, “if a non-executive officer proposes to hold a cadre post for more than six months, the central government must report the full facts to the UPSC.”
Speaking of development on Sunday, a senior officer said: “An officer without a cadre can only be appointed to a cadre post when no suitable cadre officer is available. There is no such certificate from the CS or the Civil Service Council or the CM. There are 28 IAS officers on the Apex / HAG scales serving in the state currently and as implied by this order, no executive officer is deemed eligible. A cadre post cannot be filled by non-cadre officials beyond 3 months without central government approval. A non-cadre officer cannot replace another non-cadre officer, and so on indefinitely… on a cadre post over the 3-month period ”.
Sources revealed that even the chief secretary, citing repeated DoPT notices to the Haryana government seeking details on all these non-cadres officers assigned to cadre posts, had proposed that the state government take “pre-approval” of the DoPT, government of India, before sending the IPS officer as Chief Secretary of the Department of Transportation.
Sources added that the chief secretary had also proposed to speed up the process of seeking prior approval by the DoPT to send the officer against the cadre post intended for IAS officers.
[ https://www.dainikviral.com/blog/ips-officers-transfer-to-ias-post-khattar-prevails-officer-transferred-despite-home-minister-vijs-objections/ https://d26toa8f6ahusa.cloudfront.net/wp-content/uploads/2021/07/30214746/a-quiet-place-part-2-bigs-16.pdf