Rules Governing Civil Servants: Puja Khedkar Controversy

The Centre constituted a single-member committee under the Department of Personnel and Training (DoPT) to examine all documents submitted by probationary IAS officer Puja Khedkar to secure her candidature in the civil services.

Background

• Questions raised about the appointment: Khedkar secured a rank of 821 in the 2022 UPSC Civil Services Examination, and was allotted the Indian Administrative Service (IAS) under the Other Backward Classes (OBC) and Physically Handicapped (PH) quotas. 
  • Questions have been raised about her appointment under these categories.
• Allegations of Misconduct as a Probationer: Khedkar faces multiple allegations of misconduct, including seeking special privileges not entitled to her as a probationer and improperly occupying the ante chamber of the District Collector’s office. 
• Additionally, she used an unauthorised red-blue beacon on her private luxury Audi sedan, which she claims to have received as a “gift.”
• Constitution of a Single member committee:  A committee is constituted by the Centre to examine all her documents.

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Rules Governing The Actions of a Civil Servant

• The actions of a civil servant are governed primarily by two rules: 
  • The All India Services (Conduct) Rules, 1968, and 
  • The Indian Administrative Service (Probation) Rules, 1954. 

All India Services (Conduct) Rules, 1968

• Governing Rules: All IAS, IPS, and Indian Forest Service officers are governed by the All India Services Conduct Rules.
• Application of Rules: The rules apply from the time officers are allotted their service and begin training.
• Mandate for Integrity provided in the All India Services (Conduct) Rules.
  • AIS (Conduct) Rule 3(1) states: “Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.”
  • Rule 4(1) is more specific about what is “unbecoming”. It states that officers must not use their “position or influence” to “secure employment for any member of his family with any private undertaking or NGO”.
• Rule on Accepting Gifts
• • Permissible Gifts: Officers may accept gifts from near relatives or personal friends with whom they have no official dealings on occasions such as weddings, anniversaries, funerals, and religious functions.
  • Reporting Requirement: Gifts exceeding Rs 25,000 in value must be reported to the government. This threshold was last updated in 2015.

Additions to AIS Conduct Rules in 2014

• Ethical Standards and Political Neutrality: Officers should maintain high ethical standards, integrity, and honesty and they must remain politically neutral.
• Accountability and Transparency:  Officers should be accountable and transparent in their duties. They must be responsive to the public, especially to weaker sections.
• Courtesy and Good Behaviour: Officers should exhibit courtesy and good behaviour towards the public.
• Decision-Making Guidelines were also added: 
  • Public Interest: Decisions must be made solely in public interest.
  • Declaration of Private Interests, if any: Officers must declare any private interests related to their public duties.
  • Avoid Obligations: Officers should not place themselves under any financial or other obligations to individuals or organisations that may influence them.
  • Misuse of Position: Officers must not misuse their position as civil servants or make decisions to derive financial or material benefits for themselves, their family, or friends.

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Indian Administrative Service (Probation) Rules

There is an additional set of rules that govern the conduct of officers during their probation period, which lasts for at least two years after selection to the services.

• Probation Duration and Examination: During their probation period, which includes training at the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in Mussoorie, officers undergo an examination at the end of two years for confirmation in their respective services.
• Financial Entitlements: Probationers receive a fixed salary and travel allowance.
• Non-Entitlements: They are not entitled to several benefits enjoyed by confirmed IAS officers, such as an official car with a VIP number plate, official accommodation, a designated office with support staff, and the services of a constable.
• Discharge of Probationers: Under Rule 12, probationers can be discharged from service under the following circumstances:
  • Ineligibility for Recruitment: If the central government finds the probationer ineligible for recruitment or unsuitable to be a member of the service.
  • Willful Neglect: If the probationer willfully neglects probationary studies or duties.
  • Lack of Required Qualities: If the probationer lacks the necessary qualities of mind and character required for the service.
  • Summary Enquiry Process: A summary enquiry, like the one initiated against Khedkar by the DoPT, is conducted before passing an order under these rules.
    • The committee tasked with the enquiry submits its report within two weeks of initiation.

Reservation Policies in Services

• OBC Reservation: Since the batch of 1995, 27% of seats in the services are reserved for the OBC (Other Backward Classes) category.
  • Non creamy layer Status: For those whose parents work in the private sector, the current threshold to qualify for the non-creamy layer status is an income of under Rs 8 lakh annually.
• Physically Handicapped (PH) Reservation: Introduced from the batch of 2006, 3% of seats in every category (General, OBC, SC, and ST) are reserved for the differently abled (Physically Handicapped).
• Discharged from Service, if proven guilty: If it is proven that the certificates are fabricated then the Probationers are “discharged” from the service. (Probationers are “discharged”, while confirmed officers are “dismissed”).

Ethical Issues involved in the case of trainee IAS officer Puja Khedkar

• Questionable Disability Claims: One of the core ethical issues in this case is the alleged dishonesty in misrepresenting personal information related to the disability and OBC status. 
  • Civil servants are expected to uphold the highest standards of integrity, and falsifying official documents violates this principle.
• Misuse of Affirmative Action: By allegedly falsifying OBC and disability documents, there is a potential misuse of affirmative action policies designed to provide opportunities to underprivileged and marginalised groups. 
• Misuse of Official Position: Allegations of using unauthorised privileges such as a red-blue beacon on a private vehicle and occupying official spaces without proper authorization.
  • If true, this could represent an abuse of policies designed to help disadvantaged groups.
• Nepotism and Undue Influence: Khedkar’s father allegedly pressured officials to fulfil his daughter’s demands, potentially misusing family connections and status.
• Abuse of Power and Privilege:
  • Khedkar allegedly demanded special treatment not typically afforded to trainee officers, such as a separate office and official car.
  • She occupied an additional collector’s chamber without permission and removed furniture.
• Integrity and Accountability: Concerns about adherence to AIS (Conduct) Rules, especially regarding the ethical standards expected from civil servants.
• Violation of Trust:
  • Erodes trust in Government Institutions: Falsifying documents erodes public trust in government institutions and their ability to ensure honesty and fairness in administrative processes.
  • Breaches trust in Administrative Services:  It breaches the trust placed in civil servants to adhere to legal and ethical standards.
  • Questions raised on UPSC: This case also raises questions on the functioning of the Union Public Service Commission (UPSC).
• Fairness in competitive examinations: If the allegations of misusing disability and OBC quotas are true, it raises concerns about the fairness of the UPSC examination process and how it may disadvantage other deserving candidates.

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Way Forward

• Institutional Oversight and Reforms:
  • The UPSC and other relevant institutions should  strengthen Verification Processes in the All India Services Exam for candidate qualifications, including thorough checks on disability claims and age certificates.
  • Third Party verification is needed  to ensure the authenticity of the documents submitted by candidates.
  • Cross-referencing documents with issuing authorities and employing advanced technologies for detecting forgeries.
• Clear Guidelines: Clear guidelines regarding the eligibility criteria and documentation required for various categories, including the physically disabled category should be laid out.
• Training for the staff involved in the verification process: There is a need to provide training for staff involved in the verification process to ensure they are equipped to identify discrepancies and handle sensitive information appropriately.
• Corrective Measures: If any evidence of falsified documents is found by the committee, the probationer should be discharged from the duty.
• In depth Investigation should be launched: Conduct a thorough fact-finding investigation to understand how the alleged fraud was committed despite the UPSC’s high-security measures. 

Conclusion

Addressing these ethical concerns is crucial not only for ensuring accountability in public service but also for upholding the principles of integrity and trustworthiness expected from civil servants.

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