Public Services :::: M LAXMIKANTH

Chapter 62

Public Services(Ar 308-314) Part 14

Classification:
1)All India Services  2)Central Services  3)State Services.

1)All India Services:
--Common to both Central and State government.
--Members occupies  Top positions……..Serves in turn to both Centre and State.
--Serves Centre= on deputation after
--Recruited/  Trained= Central Gov………….assigned work in state.
--Immediate control=== State gov =No disciplinary action.
--Ultimate control= Central Gov= can take disciplinary action
--Types:
  > 1)IAS  2) IPS 3) IFS(Indian forest Service, added in 1966).

2)Central Services:
--“Third Pay Commission” = changed the name from Group 1,2,3,4 to Group A, B(subordintate to A), C(clerck) and D(Mannual).
--IFS(Indian Foreign Services) =Top among all Central service= Come next to IAS in ranking…..more pay scale then IPS.

3)State Services:
 --Occupy lower position then those of “all India Services”.
--like Central services, State Services are grouped in Class 1(Group A),  2(Group B), 3(Group C), and 4(Group D).
--its Further classified as:
  1)Gazetted  Class= Class 1 and 2. ==name of these officers are Published in Government Gazette @appointment, transfer, promotion and transfer. ===They are called Officers
  2)Non-Gazetted Class= Class 3 and 4 === They are called Employees.
--As per “All India Services Act”
  > 33% of “All India Services” post to be filled by promotion from State Services.
  >on recommendation of Selection Committee presided by Member/chairman of UPSC.

Constructional Provisions:

1)Recruitment and Service Conditions (Ar 309):
--Ar 309 empowers =Parliament / State legislature = to frame rules =Appointment+ condition of service.
--till no such rules are made by Legislatures-----------President / Governor will make rules.
--It provides Reasonable restriction on Fundamental Right on Public servants.
   >These restriction has been mentioned in = Conduct rules.
--SC ruling on “Reasonable Restriction”:
  >Right to defend and cross examination of report of allegation.
  >Should get a copy of allegation


2) Tenure of Office (Ar 310):
--All India Services + Civil post in centre + all Military posts + Military services = Pleasure of President.
--President may provide compensation for genuine cases(mentioned in book page 62.3).


3)Safeguards to Civil Servants(Ar 311):
 --Restriction on Doctrine of Pleasure.
    1) Can’t be removed by an authority below the appointing authority.
    2) Civil Servant can not be dismissed or removed or reduced in ranks except after an enquiry proving charges.
       > Exception to enquiry (rule 2↑)
        >>if convicted in a criminal case.
        >>if inquiry is not possible= reason for, writing to be provided.
        >>if President/ Governor= in Security of State, inquiry is not expedient.
↑↑↑availble to only All India Services + Civil Post (not to defence) ↑↑↑


4) All India Services (Ar 312):
--Parliament can create new “All India Services” = Rajya Sabha permission 2/3^rd @ Federal structure.
--Parliament can pass law to regulate. Ex- All India Services Act, 1951.
--“All India Judicial Services” (created in 42^nd Ammendment) should not include post= inferior to district judges.
    >A law for creating this service= no an amendment @(Judicial service)===No such law so far.
42^nd Amendment Act 1976:
--Civil servant had right to defend at TWO STAGES:
     >At enquiry level.
     >At punishment level.====REMOVED in 42^nd Amendment.
NOW= If the  committee after enquiry on the basis of evidence adduced proposes punishment (Removal, dismissal, or reduction in rank) ………….No opportunity to civil servant to defend. (He can do at enquiry level)

Dismissal= disqualifies for future employment under the government.
Removal= Eligible for Future employment under government.