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'Govt can interfere in state disciplinary cases against IAS, IFS officers'

In their affidavits, both the ministries termed the petition of the Haryana government as false

Press Trust of India  |  New Delhi 

Only 9% people approach police, 74% prefer out of court settlement

The Centre can intervene in disciplinary cases by state governments against IAS, IPS and officers, the Union personnel ministry has told the and High Court.

In an affidavit filed before the court, it said the central government has the power to relax any rule and regulation in certain cases if it causes undue hardship to such officers.

These power can be exercised for members of services -- (IAS), (IPS) and (IFS), according to the ministry's reply.

Under Constitutional scheme, the subject of all service is part of Union list. Further, of is the appointing authority in respect of officers and only President/central government have the powers of dismissal, removal and compulsory retirement, it said in the affidavit filed recently in case involving

The ministry said all India service officers are governed by a central Act -- Act, 1951 -- and rules framed therein, irrespective of their place of posting that is, even while serving in

It said the central government has the power to relax relevant rules and regulations in cases it is satisfied that operation of such rules causes undue hardship in any particular case.

These regulations can also be relaxed to deal with the case in a just and equitable manner, the affidavit said.

The Ministry of Environment, Forest and Climate Changes, in its affidavit filed before the high court, also mentioned almost the same thing.

In their affidavits, both the ministries termed the petition of the government as false.

The case, in which the ministries were asked to give their affidavits, relates to a writ petition filed by the government against an order dated January 19, 2011 issued by of India. The presidential order had quashed the departmental charge sheet issued to Chaturvedi by the in September 2007.

According to the order, appears to have been chargesheeted for implementing orders of the and upholding the rule of law.

Chaturvedi had approached the in 2010 alleging harassment by the for exposing various cases of corruption.

The had ordered an enquiry into the case which had recommended quashing of departmental charge sheet issued to Chaturvedi and a CBI investigation into the role of various functionaries of the in his harassment.

In March 2014, and Haryana High court had issued a notice to the central government and Chaturvedi on a petition of the challenging this enquiry and the presidential order.

First Published: Mon, March 05 2018. 14:16 IST
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