New Delhi: Despite the fact that it has been six years since he resigned from the Indian Administrative Service (IAS), the federal government has not accepted his resignation, Kannan Gopinathan instructed ThePrint as he joined the Congress Monday.

“It has been six years, and there’s no phrase on my resignation but. Two months after I resigned, the federal government initiated proceedings in opposition to me for dereliction of obligation and for talking critically concerning the authorities to the media,” he mentioned. “However it has been two-three years since that case was closed too. UPSC communicated to me that I’ve criticised the federal government whereas technically nonetheless being within the authorities, and due to this fact, my pay scale will probably be decreased. However I’ve not been receiving a wage, so what pay scale will probably be decreased?” he requested.

Whereas there isn’t any mounted timeline inside which the federal government is sure to simply accept resignations, civil servants say a central notification could be issued inside weeks if the administration so needs. In a nutshell then, the query of resignations by civil servants is shrouded in full ambiguity, amounting to excessive discretionary powers for the federal government.

Tips on the process to be adopted in case an officer needs to resign say: “It’s not within the curiosity of presidency to retain an unwilling member of service. The final rule, due to this fact, is {that a} resignation of a member from service ought to be accepted.”

“Theoretically, nothing binds the federal government to simply accept the resignation even till the retirement of an officer,” mentioned a former secretary of the Division of Personnel and Coaching (DoPT). “A regulation abiding officer can then go to the court docket and ask the court docket to intervene in the event that they so want. However as per the foundations, the onus is on the officer, and never the federal government.”

A UPSC functionary too confirmed that the federal government has no obligation in any way to simply accept an officer’s resignation.

Shrouded in ambiguity

As said above, in reality, this ambiguity interprets to huge discretionary powers for the federal government.

For example, whereas the federal government has not accepted Gopinathan’s resignation in six years, the resignation of his former colleague, who additionally left the IAS in 2019, Sasikanth Senthil, was accepted in 2022. Senthil, very like Gopinathan, had resigned from the service citing his disillusionment with the state of the Indian democracy underneath the Modi authorities.

Then there was the case of Jammu and Kashmir cadre IAS officer, Shah Faesal, who had give up service the identical yr, protesting in opposition to “unabated killings in Kashmir” and the “marginalisation of Indian Muslims by the hands of Hindutva forces”. The federal government didn’t settle for his resignation for 3 years even when Faesal briefly joined the Nationwide Convention (NC), and later, began his personal political social gathering, referred to as the J&Ok Individuals’s Celebration. Together with scores of different political leaders in Kashmir, even Faesal was arrested underneath the Public Security Act (PSA).

After three years, nonetheless, Faesal appeared to have a change of coronary heart. In a cryptic assertion, DoPT minister Jitendra Singh mentioned in 2021, “When coronary heart transplant is completed you don’t say whether or not it was achieved by means of common anesthesia or native anesthesia. You say coronary heart has been transplanted. Coronary heart transplant has occurred.” Faesal, previously a bitter critic of the federal government, was subsequently reinstated within the authorities in 2022. He has since been within the ministry of tradition, first as an under-secretary, after which as a director.

In a number of different circumstances, the federal government has been much more immediate in accepting the resignation of officers.

Take into account the case of Ok. Annamalai, an IPS officer from Tamil Nadu, who very like Senthil and Gopinathan, resigned from service in 2019. Whereas Annamalai resigned in Could, his resignation was accepted by the federal government in October. The following yr in August 2020, Annamalai joined the BJP.

Equally, in 2022, Asim Arun, an IPS officer from the Uttar Pradesh cadre, opted for the Voluntary Retirement Scheme (VRS) to affix the BJP. His VRS was accepted inside days. Arun is now a BJP MLA from Kannauj.

Within the case of Aparajita Sarangi, a former IAS officer from Odisha, who resigned from service in 2019 too, the federal government accepted her request for VRS inside days. Sarangi then joined the BJP, and gained the 2019 and 2024 Lok Sabha election from Bhubaneshwar.

Actual penalties

“The resignation of many individuals who’ve resigned after me has been accepted by the federal government,” Gopinathan mentioned. “It’s not even like it is a VRS the place the federal government owes me a pension or any advantages. But, they’ve chosen to sit down on it.”

Ordinarily, a resignation mechanically severs the connection of an officer with the federal government, the previous DoPT secretary defined. “The federal government can say that we gained’t settle for the resignation, and repair guidelines will proceed to use to an officer, but it surely can’t actually do something to the officer.”

Whereas the federal government’s acceptance of the resignation could be a mere formality in lots of circumstances, in others, the federal government’s inaction may end up in hassle for the officer’s future prospects, as occurred with Gopinathan. He couldn’t be part of the personal sector besides as a marketing consultant as a result of the federal government wouldn’t settle for his resignation, resulting in monetary issues for him, he mentioned.

“That is positively a stress tactic,” the previous DoPT secretary mentioned. “Usually, a brand new employer needs a relieving letter out of your earlier employer. In the event you don’t have one, it clearly is a supply of potential employment issues,” he added. “There’s a want to alter the All India Service Guidelines to present a while body, however who will do it? This technique works for the federal government.”

(Edited by Viny Mishra)

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