The controversy regarding fake certificate and disabled quota of Maharashtra cadre probationary IAS officer Pooja Khedkar posted in Pune Collector Office has been going on for a long time. After being embroiled in controversies, Lal Bahadur Shastri National Administration Academy based in Mussoorie, Uttarakhand has canceled Pooja Khedkar’s training program from Maharashtra. Along with this, the Academy has also issued a letter to recall him immediately. In such a situation, let us know whether the job of a person posted on the post of IAS, IRS or IFS officer can be terminated by UPSC.
Investigation is done first against IAS officers involved in unfair means.
UPSC exam is one of the toughest exams in the country. Every year lakhs of candidates work hard and give exams for the post of IAS, IRS or IFS, but only a few are able to reach this post. An IS has the responsibility of all the departments of the district. As District Magistrate, he is the head of the police department as well as other departments. The District Magistrate is also responsible for the police system of the district. In such a situation, if an IAS is found committing any wrongdoing, he is not easily removed from the post. For this a complete investigation is done. If an IAS officer is really involved in unfair means which is causing harm to the public or they are against his job, then his job can be terminated, but only one person has the right to do so.
If found guilty, your rank may be reduced or you may lose your job.
The rules related to termination of IAS employment are written in Article 311 of the Constitution. Under Article 311 (2), if an officer is convicted of a crime, his rank can be reduced and his job can also be terminated. Under these provisions, dismissed government employees can approach tribunals such as State Administrative Tribunal or Central Administrative Tribunal (CAT) courts. According to Article 310, except as provided by the Constitution, a civil servant in the Union serves at the pleasure of the President and a civil servant under a State serves at the pleasure of the Governor of that State. In such a situation, firing him from the job is in the hands of the President and not in the hands of UPSC.
Even the Chief Minister of the state cannot order dismissal
Only the President can fire an IAS, IRS or IFS officer. According to the Constitution, this right has not been given to UPSC. Even the Chief Minister of the state cannot remove any officer from the post forever. FIR has been registered by UPSC in Pooja Khedkar case. Only after the completion of the investigation and the final verdict, will the President take a decision whether Pooja Khedkar should be fired from the job or not.
State government has the right to suspend IAS, but these are the conditions
The state government does not have the right to fire an IAS officer but has the right to suspend him. If the state government suspends an All India Service officer like IAS, then he has to inform it by sending a letter to the Cadre Control Authority within 48 hours. To continue the suspension after 30 days, the state government has to take permission from the Central Government. But an IAS officer can be suspended only when the Minister in charge of the Department of Personnel and Training (DOPT) gives approval for it.