Question : Issuance of G.O. to IAS Officers

(a) whether despite repeated issuance of Government Order (G.O.) to the IAS officers, the protocol is not being complied with in Uttar Pradesh and Rajasthan;
(b) the steps being taken by the Government in this regard;
(c) the details and the number of such complaints received by the Government including from Rajasthan;
(d) the action taken by the Government thereon and the details thereof;
(e) whether the Government proposes to take any steps to issue strict instruction to IAS officers;
(f) whether a incident of an IAS-DM/collector, Rajgarh, Madhya Pradesh reportedly hiting some demonstrators during a demonstrations/Dharna has been reported;
(g) whether the Government is likely to take any suo moto action against such officers selected by the UPSC who openly violate the laws; and
(h) the penal provisions for such officers?

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (e): The All India Services (Conduct) Rules, 1968 provide for observance of proper procedure by IAS officers in official dealings with Members of Parliament and State Legislatures. Government vide Office Memorandum No. 11013/4/2011-Estt.(A) dated 01.12.2011 had issued comprehensive guidelines regarding official dealings between the Administration and Members of Parliament and State Legislatures and the same have been reiterated from time to time. Chief Secretaries of all States and Union Territories has also been requested to circulate these instructions to all State Government officials and sensitize them to their duties and obligations in this regard and to review implementation of these instructions periodically. Recently, Government vide Office Memorandum No. 11013/4/2018-Estt.A-III dated 10.02.2020 have once again requested all the Ministries / Departments to ensure that these instructions are followed by all officials concerned, both in letter and spirit and that violation of these guidelines will be viewed seriously. Copies of the guidelines are as given in Annexure-A.

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Details of such complaints received during the period from 01.04.2018 to 29.02.2020 and action taken by the Government are as given in Annexure-B.
(f): The Government of Madhya Pradesh has informed that a P.I.L bearing W.P. No.1699/2020 had been filed before the Hon’ble High Court of Madhya Pradesh at Indore Bench regarding the alleged action of Collector, Rajgarh in enforcing the prohibitory orders on the crowd gathered on 19.01.2020.
(g): As per Rule 2(c) of the All India Services (Discipline and Appeal) Rules, 1969, ‘Government’ means – (i) in the case of a member of the Service serving in connection with the affairs of a State, or who is deputed for service in any company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government of a State, or in a local authority set up by an Act of the legislature of a State, the Government of that State; and as per Rule 2(c) (ii) of the AIS (D&A) Rules, 1969, in any other case, the Central Government. Therefore, Government of Madhya Pradesh is the Competent Authority for taking action for misconduct against IAS officers working with the Government of Madhya Pradesh.
(h): Penalties as prescribed under Rule-6 of the All India Services (Discipline and Appeal) Rules, 1969 may be imposed on IAS officers, for violation of All India Services (Conduct) Rules 1968, after inquiry.


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