Telecom Minister Vaishnaw ousts 10 senior DoT officers with doubtful integrity : Daily Current Affairs

Date: 26/12/2022

Relevance: GS-2: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Key Phrases: forced retirement, zero tolerance for corruption, Department of Telecom, doubtful integrity, punitive disciplinary action, public interest, Appropriate Authority, Annual Performance Appraisal Report.

Why in News?

Continuing his perform or perish drive and zero tolerance for corruption, Telecom Minister has approved forced retirement for 10 senior DoT officials, including a joint secretary.

Provision:

This is the first-time employees in the Department of Telecom have been given forced retirement under section 56 (J) under Pension Rule 48 of CCS (Pension) Rules, 1972.
The objective of FR 56(j)/(l) and Rule 48 of CCS Pension Rules, 1972 is ‘to strengthen the administrative machinery by developing responsible and efficient administration at all levels and to achieve efficiency, economy and speed in the disposal of Government function’.

Reason:

Telecom Minister has approved forced retirement for 10 senior DoT officials for doubtful integrity and the government's zero tolerance for corruption.

What comes under Doubtful Integrity?

The officer would live by a reputation built around him. If in any appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service.
But his/her conduct and reputation are such that his/her continuance in service would be a menace to public service and injurious to the public interest.
The integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him/her, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, but such property transactions which give rise to suspicion about the bonafides of a government servant, may be taken into account.
Acquiring large assets and getting money from subordinates can also be taken into consideration.

What does ‘public interest’ mean?

It refers to cases where the interests of public administration require the retirement of a government servant who with the passage of years has prematurely ceased to possess the standard of efficiency, competence and utility called for by the Government service to which he belongs
The public interest in relation to public administration envisages the retention of honest and efficient employees in service and dispensing with services of those who are inefficient, dead-wood, or corrupt and dishonest.

Appropriate Authority:

The Appropriate authority has the absolute right to retire a government servant if necessary, in the public interest.
Appropriate Authority means the authority which has the power to make substantive appointments to the post or service from which the employee is required to retire.
A notice of at least 3 months in writing or three months’ pay and allowances in absence of notice must be ensured.
For the provision to be applicable, Group A & B officers must have entered service before turning 35 years of age and turned 50 years old or attained 55 years of age in other cases.
Under 56(j), the other category of employees, Group C and those posts not entitled to pension, must have completed at least 30 years of service and three months’ notice.

Broad criteria to be followed by the review committee:

Government servants whose integrity is doubtful shall be retired.
Those who are found to be ineffective (considering their fitness/competence to continue the post they hold) should be retired.
No government servant should ordinarily be retired on grounds of ineffectiveness if he would be retiring on superannuation within a period of one year from the date of consideration of his case.
Cases where there is a sudden and steep fall in the competence, efficiency, or effectiveness of a government servant, would be reviewed also for premature retirement.
No Government servant should ordinarily be retired on the ground of ineffectiveness, if, his service during the preceding 5 years, or in case he has been promoted to a higher post during that 5-year period, his service in the highest post has been found to be satisfactory.
Not only the Annual Performance Appraisal Report (APAR) but the entire service record of a government servant should be considered at the time of review. His work and performance can also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him.

Approval:

The recommendations of the Review Committee will be put up for consideration and approval of the appropriate authority in cases where the review committee has recommended retiring the government servant prematurely.

Appeal:

After the issue of the orders of premature retirement, the concerned government servant may make a representation (like an appeal) within three weeks from the date of the premature retirement order.
The representation committee must make its recommendations on the representation within 2 weeks.

Important observations of the Supreme Court:

In the case of the state of Gujarat Vs. Umedbhai M. Patel, 2001, Hon’ble Supreme Court has observed as follows:
- whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
- Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.
- For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.

Conclusion:

The rule of compulsory retirement has been held to hold the balance between the rights of the individual Government servant and the interest of the public.
The rule is intended to enable the Government to energize its machinery and to make it efficient by compulsorily retiring those who, in its opinion, should not be there in the public interest.
The country needs speed, sensitivity, probity, non-irritative public relations, and enthusiastic creativity which can be achieved by eliminating the deadwood through compulsory retirement.

Source: The Hindu

Mains Question:

Q. What is compulsory retirement, and why is it necessary in the modern-day governance system? Discuss.