Retired IAS officer moves SC against lateral entry at joint secy-level : The Tribune India

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Retired IAS officer moves SC against lateral entry at joint secy-level

NEW DELHI: 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 a contractual basis, saying it was an "arbitrary" decision which will make it difficult for bureaucrats selected on "merit" through a competitive examination.

Retired IAS officer moves SC against lateral entry at joint secy-level

DoPT had on June 10 invited applications from "outstanding individuals" for the post of 10 joint secretaries.



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 a contractual basis, saying it was an "arbitrary" decision which will make it difficult for bureaucrats selected on "merit" through a competitive examination.

The Department of Personnel and Training had on June 10 invited applications from "outstanding individuals" for the post of 10 joint secretaries willing to contribute towards nation building.

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

Terming the decision as "shocking" and "arbitrary", petitioner Chandrapal, who retired as Secretary in the Ministry of Micro, Small & Medium Enterprises, expressed the apprehension that such selection would be influenced by political considerations and there could be conflict of interest in allowing individuals from private sectors in 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 Article 14 of 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 has 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 Planning Commission, contended.

He requested the top court to quash the decision on the ground that the DoPT did not have any power to make any appointment without recommendation by the Union Public Service Commission and, particularly on a contract basis.

Maintaining that civil servants were the backbone of administration and implement policy decisions taken by the public through their elected representatives, Chandrapal emphasized, "The members of Civil Services are recruited on basis of merit and they are required to serve the nation right from the level of sub-division, while moving up the ladder of promotion up to the rank of the Secretary to the Union or State Government."

Article 311 of the Constitution guaranteed protection of civil servants from any political influence, Chandrapal said. Lateral entry would bypass the three stages of UPSC Civil Services Exam -Preliminary, Main Exam, and Interview, he added.

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