Public Services
- Classification
- All India Services
- Central Services
- State Services
- All India Services
- Common for centre and state governments
- Hold top positions in Centre and States and serve them by turns
- In 1947, Indian Civil Services (ICS) was replaced by IAS and Indian Police was replaced by IPS and were recognised by Constitution as All India Services
- In 1966, Indian Forest Service was established as the 3rd All India Service
- All India Services Act 1951 authorised the Central Government to makes rules in consultation with State Governments for the regulation of recruitment and service conditions of the members of All India Services
- Members of these services are recruited and trained by Central Government but are assigned to different states for work
- They belong to different state cadres, the Centre having no cadre of its own regard
- Irrespective of division among different states, each with single service have uniformity in scales of pay throughout the country
- Their salaries and pensions are met by the States
- Any Disciplinary action against these can only be taken by Central Government
- Sardar Patel is regarded as “Father of All India Services”
- Central Services
- Personnel of Central Services work under the exclusive jurisdiction of Central Government
- They hold specialised positions in various departments of Central Government
- Naming of Services
- Before 1947 : Class I, Class II, Subordinate, Inferior
- After 1947 : Class I, Class II, Class III, Class IV
- After 1974 : Group A (Gazetted), Group B (Gazetted), Group C, Group D
- Indian Foreign Service is highest Central Service in terms of status, pay, etc
- State Services
- Personnel of State Services work under the exclusive jurisdiction of State Government
- They hold specialised positions in various departments of State Government
- They occupy lower positions than those held by members of All India Services
- State Services : Civil Services, Police Services, Forest Services, Agricultural Services, etc
- Same naming as in Central Services
- All India Services Act 1951 specifies that senior posts not exceeding 31 or 1/3rd per cent in All India Services are required to be filled in by promotion of officers employed by State services
- Such promotions are made on recommendation of selection committee constituted for this purpose in each state.
- Such committee is presided over by Chairman or a member of UPSC
- Constitutional Provisions
- Articles 308 to 314 in Part XIV contain provisions with regard to All India Services, Central Services and State Services
- Article 308 makes it clear that these provisions don’t apply to J&K
- Recruitment and Service Conditions
- Article 309 empowers Parliament and State Legislature to regulate recruitment and service conditions of persons
- Until this happens President or Governor make rules
- Parliament and State Legislature can impose reasonable restrictions on Fundamental Rights of public servants in interests of integrity, honesty, efficiency, discipline
- Written in Central Services (Conduct) Rules, Railway Services (Conduct) Rules, etc
- Tenure of Office
- Article 310
- Under Pleasure of President
- Defence services, Civil services of Centre, All India Services, Persons holding Military posts
- Under Pleasure of Governor
- Civil services of State
- Exception
- President or Governor may provide for the payment of compensation to him in two cases
- If the post is abolished before the expiration of contractual period
- If he is required to vacate that post for reasons not connected with misconduct on his part
- Safeguards of Civil Servants
- Can’t be dismissed or removed by an authority subordinate to that by which he was appointed
- Can’t be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges
- Not the members of Defence services
- The above(inquiry) is not applicable in following cases
- Criminal charge
- Authority is satisfied that for some reason, it is not reasonably practicable to hold such enquiry
- Where President or Governor is satisfied
- Originally a civil servant is heard at two stages : Inquiry Stage, Punishment Stage
- In 42nd CAA 1976 abolished in Punishment Stage
- SC held that ‘reasonable opportunity of being heard’ include
- If he. Is told about his charges
- Cross examination the witness
- Inquiry officer’s report
- All India Services
- Article 312 make provisions with respect to All India Services
- Parliament can create new All India Services (including All India Judicial Services), if Rajya Sabha passes a resolution declaring that it is necessary in National Interest to do so
- Such resolution in Rajya Sabha should be supported by 2/3rd of members present and voting
- Parliament can regulate recruitment and service conditions of All India Services
- All India Judicial Service should not include any post inferior to that of District Judge
- A law providing for the creation of this service is not to be deemed as an amendment for the purposes of Article 368
- Other Provisions
- Article 312A, Parliament can revoke the civil services appointed before 1950
- Article 313, all laws in force before 1950 and applicable to continue
- Article 314 made provision for protection of existing officers of certain services was repealed by 28th CAA 1972