Public Service And Tribunals Flashcards
All India services
Set up in 1963
It a provision that was made for the creation of three or more all India services: IFS or Indian foreign Service, Indian medical and health Service, Indian service of engineers
Out of the above 3 the Indian forest Service came into existence in 1966
These are civil posts which means that an appointment or office of employment is on the civil side of administration as distinguished from the military side
The difference between dismissal and removal is that once dismissed, the official disqualifies for future employment under the government while if removed one is not disqualified for the future employment under the government
They are recruited and train by the central government but are assigned to different states for work
The classifications are categorised by:
IAS or Indian administrative Service
IPS or Indian police service
IFS or Indian foreign Service
Features of all India services
They belong to different state cadres
The centre has no cadre of its own in this regard
Common rights, status and uniform scales of pay throughout the country
The salaries and pensions are met by the states
These are controlled jointly by the central and state government
The ultimate control lies with the central government and any disciplinary action like, imposition of penalties can be carried out by them
Central services
Work under exclusive jurisdiction of Central Government
Hold specialized positions in the functional and technical roles in the departments of the central government
The central services where classified into class 1, class 2 and subordinate services
After independence then nomenclature of the subordinate services or inferior services was replaced by class 3 and class 4 services
Again in 1974 the classification of the central services were changed from class 1, class 2, class 3, and class 4 services to group A, group B, group C and group D respectively
Presently there are 60 group A central services, they are Central engineering Service, Indian economic service, Indian foreign Service, Indian postal service, Indian statistical service
Most of the above cadres of group A central services have corresponding group B services
Group c consists of clerical and personnel posts
Group D consists of manual personnel posts
Group A and B are gazetted officers, while group C and D are not
Among all the Indian foreign Service is the highest Central service in terms of prestige, status, pay and emoluments. It comes next only do IAS in ranking and in pay scale it is higher than the IPS.
State services
They have exclusive jurisdiction of the state government
They hold different positions in the general, functional, technical departments of the state government
They occupy lower positions in the administrative hierarchy of the state then those held by the members of the all India services
The number of services in a state differs from state to state
However the services common to all the states are the civil Service, the police service, the forest Service, and the agricultural services.
Each of these services are named after the state
The four categories of state services are:
Class 1/group 1/group A/gazetted class
Class 2/group 2/group B/gazetted class
Class 3/group 3/group C/non-gazetted class
Class 4/group 4/group D/non-gazetted class
The all India services act of 1951 specifies that senior post not exceeding 33.33% in the IAS, IPS and IFS I require to be filled by promotion of officers employed in state services
Search promotions are made on the recommendation of the selection committee constituted for this purpose in each state. Such a committee is presided over by the chairman or member of UPSC.
Constitutional provisions
Articles 308 to 314 in the part 14 of the constitution is related to the all India services, Central services and state services
Article 308 makes it clear that these provisions do not apply to the state of Jammu and Kashmir to regulate the recruitment and conditions of service of the person appointed to the public services and posts under the central and the states respectively.
Recruitment includes appointment, selection deputation, promotion and appointment by transfer
The parliament or state legislature can impose reasonable restrictions on the fundamental rights of the public servants in the interest of the integrity, honest, efficiency, discipline and impartiality of them.
Tenure of office:
According to article 310, the civil servants can hold office at the pleasure of the president in the centre or the governor at the state. There are also safeguards to the civil servants.
According to article 311, there are two restrictions on the above doctrine of pleasure. These two safeguards are given to civil servants against any arbitrary dismissal from their posts. This means that a civil Servant cannot be dismissed or removed by any authority subordinate to that by which he was appointed.
A civil Servant cannot be dismissed, removed, or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being hard in respect to those charges
Please to safeguards are not applicable to the members of defence services are persons holding military posts
Tribunals
The original constitution did not contain provisions in regards to tribunals
They were added by the 42nd constitutional amendment Act of 1976 added to the part 14-A.
Tribunals consist of only two articles: article 323 A which deals with administrative tribunals an article 323 B which deals with tribunals of other matters
Administrative tribunals
For the adjudication of disputes relating to the recruitment and conditions of services of persons appointed to the centre, the state, the local bodies, public corporations or other public authorities
Article 323 A
The parliament has passed the administrative tribunals act in 1985. This act authorises the central government to establish The Central administrative tribunal and the State administrative tribunals.
This act has open a new chapter in the sphere of providing speedy and inexpensive justice
The Central administrative tribunal
Set up in 1985
Its principal bench is at Delhi
There are additional benches in different states, 15 of them operate at the principle seats of high courts and two of them are in Jaipur and Lucknow
The CAT exercises original jurisdiction in relation to recruitment and all service matters of the public servants covered by it
Its jurisdiction extends to all India services, the central civil services, civil post under the centre, civilian employees of defence services
Members who are not covered by it are: defence forces, officers and servants of the supreme court, secretarial staff of the parliament
The CAT is a multi-member body consisting of the chairman and members
In 2006, an amendment in the administrative tribunals act of 1985 was made according to which members have been given the status of judge of high courts
Its sanctions strength is: one chairman, 65 members John from both judicial and administrative streams
The tenure of both the chairman and members is 5 years.
Appointment are made according to the following provisions:
On the recommendations of the high powered selection committee
Visiting judge of supreme court Who is nominated by the cji
After obtaining the concurrence of the Chief justice of India appointments are made with the approval of the appointments committee of the cabinet
The appointment summit of the cabinet decides appointments to several top posts under Government of India
The committee is composed of the prime minister who is the chairman and the ministry of home affairs
The CAT is not bound by the procedure laid down in the civil procedure Code of 1908
It is guided by the principles of natural justice that is the duty to act fairly
These principles keep the CAT flexible in approach
And only a nominal fee of rupees 50 is paid by the applicant
The applicant may appear either in person or via an advocate
Originally the appeals against the orders of the CAT could only be made in the supreme court and not in the High court
However after the Chandra Kumar case of 1997, the supreme court declared the restriction on the jurisdiction of high courts unconstitutional
And now it is not possible for the aggrieved public servant to approach the supreme court directly against or on the order of the CAT. They have to first approach the concerned High court.
State Administrative Tribunal
According to the administrative tribunals act of 1985, it empowers the central government to establish the State administrative tribunals on specific request of the concerned state government
Joint administrative tribunal
Provision for setting up of JAT for more than two or more States
The JAT exercises of all the jurisdiction and powers exercisable by the administrative tribunals for such states
Chairman and members of JAT are appointed by the president after consultation with the governors of the concerned States
Article 323B
It was amended by the 75th constitutional amendment act of 1993
The parliament and the state legislature are authorised to provide for the establishment of tribunals for the adjudication of disputes on taxation, foreign exchange, imports and exports, industry and labour, land reforms, etc.
The differences in the article 323 A and B
Article 323A contemplates the establishment of tribunals for public service matters only , while article 323 B contemplate establishment of tribunals for certain other matters
Article 323 A established only by the parliament, article 323B established by both parliament and state legislature regarding matters falling within their legislative confidence
Article 323A, only one tribunal for the centre, one for each state or two for more States maybe established. There is also no question of hierarchy of tribunals. While according to article 323B, hierarchy of tribunals maybe created.
