Plea in SC against lateral entry at joint secy-level

Tribune News Service

New Delhi, July 21

A retired IAS officer has moved the Supreme Court against the Centre’s decision for lateral entry in the bureaucracy at the Joint Secretary level on contractual basis. 

He said it was an “arbitrary” decision that would make the going difficult for bureaucrats selected on “merit” through a competitive examination. The Department of Personnel and Training (DoPT) had on June 10 invited applications from “outstanding individuals” for 10 posts of Joint Secretary who are willing to contribute towards nation building.

Joint Secretary is considered to be the third highest non-political executive rank in the Indian bureaucracy.

Terming the decision “shocking” and “arbitrary”, petitioner Chandrapal, who retired as Secretary in the Ministry of Micro, Small and Medium Enterprises, expressed apprehension that such selection would be influenced by political considerations and there could be conflict of interest in allowing individuals from private sectors into the administration.

He said the decision was “arbitrary” as the DoPT notification did not specify any criteria for selection of Joint Secretaries on contractual basis. Hence, it is “violative of Article 14 of the Constitution of India”.

“...The lateral policy notification makes the choice of a lateral entrant arbitrary. Anyone who is close to the incumbent government will get the position, making it difficult for bureaucrats who came through UPSC,” the petitioner submitted.

“…Appointment to such a superior post on contract basis for a period as short as three years and that too of persons who have no experience in serving the nation as is required by duly appointed Civil Servants to attain this rank is an arbitrary exercise of power, which cannot remain uninfluenced by political interference,” the petitioner, who has also served as Principal Adviser in the Planning Commission, contended.