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Context:

The Kerala government suspended two IAS officers for alleged violations of service rules.

Details

One IAS officer was accused of making derogatory statements about the Additional Chief Secretary on social media, which were considered to damage the administrative machinery's public image and were "unbecoming of an officer."

Another IAS officer was accused of starting a religion-based WhatsApp group that allegedly promoted communal division among the IAS cadre.

About Civil Services

Civil services are administrative services recruited by the Union Public Service Commission (UPSC) for government positions. These services fall into two categories:

•  All India Services (AIS) includes the Indian Administrative Service (IAS), the Indian Police Service (IPS), and the Indian Forest Service (IFS). Officers are trained by the central government and assigned to different state cadres. These services are governed by Article 312 of the Indian constitution. 
• Central Civil Services (CCS) includes the Indian Foreign Service (IFS), Indian Revenue Service (IRS), Customs and Central Excise Service, and others. These services are run by the central government, with no state cadre system.

Civil Servants are governed by:

• The All-India Services (AIS) Conduct Rules of 1968
• The Central Civil Service (CCS) Conduct Rules, 1964

What are the restrictions for civil servants under the 1964 and 1968 conduct rules?

Rule 3(1) states that civil servants must "do nothing unbecoming of a member of the Service," which is subjective and open to interpretation.

Civil servants are prohibited from joining or assisting political parties under Rule 5(1). They must maintain political neutrality in their professional interactions.

Rule 7 prohibits civil servants from expressing personal opinions in public media, especially if those opinions criticize government activities.

Dowry giving and receiving is strictly prohibited under the AIS Rules, Rule 11(1-A).

Rule 11(1) requires that any gift received by a civil servant in excess of Rs 25,000 be reported to the government.

All India Services (Conduct) Amendment Rules, 2014

The Government amended the All India Services (Conduct) Rules, 1968, by inserting sub-rule (1A) after sub-rule (1) and sub-rule (2B) after sub-rule (2A). These rules are known as the All India Services (Conduct) Amendment Rules, 2014.

Under sub-rule (1A), every member of the Service must maintain:

High ethical standards, integrity, and honesty

Political neutrality,  Accountability and transparency

Promoting the principles of merit, fairness, and impartiality in performing duties

Responsiveness to the public, especially the weaker sections

Under sub-rule (2B), each member of the Service shall:

Defend and uphold India's sovereignty and integrity, national security, public order, decency, and morality.

Not misuse his position as civil servant and not make decisions in order to gain financial or material benefits for himself, his family, or his friends.

Make choices, decisions, and recommendations based solely on merit. Act fairly and impartially, and do not discriminate against anyone, especially the poor and underprivileged sections of society.

What are the key issues with the current conduct rules?

Lack of specific guidelines for social media use, the rules do not address permissible communication via social media.

The term "unbecoming of a member of the service" is ambiguous, allowing for possible misuse or subjective interpretation.

How can the conduct rules be improved?

Define the types of official content that can be shared, as well as the rights to defend against defamation campaigns.

Clarify the phrase "unbecoming of a member of the service", and to prevent misuse, provide an examples list based on past instances.

Way Forward

Civil servants should remain anonymous to maintain impartiality and professionalism. While social media is an effective tool for spreading and getting information, it must be used responsibly to avoid conflicts with service rules.

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Rules for CS

CENTRAL CIVIL SERVICES (CONDUCT) RULES 1964

Source: 

The Hindu