Appointment of IFS officer as CITCO MD violation of rules: Activist to UT Advisor

The relevant Indian Administrative Service (Cadre) Rules 1954 state: “A ‘cadre officer’ is defined as a member of the Indian Administrative Service, and a ‘cadre post’ can only be filled by a cadre officer.”

THE APPOINTMENT of an IFS officer as managing director of CITCO (Chandigarh Industrial Tourism Development Corporation), which is usually held by the second-most senior IAS officer of UT, has caused an uproar.

Recently, a non-cadre IFS officer was posted as chairman of CITCO and secretary tourism. The post of chairman CITCO was held by the second senior-most officer of UT, that is the home secretary (HS), and the post of secretary tourism was held by a senior IAS officer.

R K Garg, an activist who has sent in a representation to the UT Advisor, said, “Indian Administrative Service Cadre (Rules) 1954 state that the cadre post will not be filled by a non-cadre officer except if there is no suitable cadre officer available for filling the vacancy; provided when the officer available for filling the vacancy non-cadre officer will be replaced by the cadre officer.”

The relevant Indian Administrative Service (Cadre) Rules 1954 state: “A ‘cadre officer’ is defined as a member of the Indian Administrative Service, and a ‘cadre post’ can only be filled by a cadre officer.”

The rules provide for only temporary posting of non-cadre officers in cadre posts.

If the period exceeds three months, prior approval of the Centre is mandated under law.

“Where a cadre post is filled by a non-cadre officer for a period exceeding six months, the central government shall report the full facts to the Union Public Service Commission with reasons and give suitable direction to the state government concerned on the advice of the Commission,” the rules add.
Other posts like those of district magistrates are also cadre posts reserved for the IAS.

“As per notification no.818 (E) dated 28.08.2018 fixation of Cadre Strength Regulations 1955 have been amended and accordingly posts under Chandigarh UT will be (only) these 9 posts will include advisor, HS, FS, DC, JS (Finance) secretaries 2, additional secretary and ADC one each.

Whereas non-cadre officers i.,e IFS are posted by orders the from Ministry of Environment, Forest and Climate Change. The chief conservator of Chandigarh was posted vide order of Ministry dated 14.8.20218 and DCF was posted by ministry on 31.5.2018. So these officers have already completed three years of service.

“As such the IFS officer who has been assigned the charge of chairman of CITCO and secretary tourism should be replaced when the new home secretary joins in this week. If the such non-cadre posting exceeds three months then prior approval of central government is mandated under the law,” Garg said in his representation.

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