A year and a half after Shah Faesal resigned from the IAS in protest against the unabated killings in Kashmir, he stepped down as president of the party he founded (JKPM). However, his resignation had not been accepted by the government because of some pending investigation related to his posts on social media. As his resignation was never accepted, the door is still open for him to rejoin the IAS only if he withdraws his resignation first.
Rules for the resignation of an IAS officer:
★ DoPT Guidelines
According to the DoPT (Department of Personnel & Training), resignation is an intimation in writing by the officer of his/her intention to leave the service and resignation has to be clear and unconditional.
★ Rules 5(1) and 5(1)(a)
Of the All India Services (Death-cum-retirement benefits) Rules, 1958, governs resignation from service of the three All India Services (IAS, IPS, IFoS) and the other central services as well.
★ Resignation is submitted to:
- The Chief Secretary of the state, if an officer serving in cadre (state).
- The Secretary of the concerned Ministry or Department, if an officer is on central deputation.
- The Ministry/Department then sends the officer’s resignation to the concerned state cadre, with its comments/recommendations.
★ The procedure followed after Resignation is Submitted
- Before forwarding the resignation to the central government, the concerned state is supposed to send information on two issues (if there are any dues outstanding against the officer, and the vigilance status of the officer), along with its recommendation.
- The resignation of the officer is considered by the competent authority, only after the recommendation of the concerned cadre has been received.
★ Competent Authorities
Minister of State at the Department of Personnel & Training in respect of IAS, Minister of Home Affairs in respect of IPS, and Minister for Environment, Forest and Climate Change in respect of the Forest Service.
★ Circumstances for Accepting a Resignation
As per the guidelines, the resignation of a member from service is accepted, except in the following circumstances:
- If the officer is under suspension: The competent authority should examine with reference to the merit of the disciplinary case pending against the member of service.
- In the public interest: Whether it would be in the public interest to accept the resignation.
- Note: It is also seen whether the officer had executed any bond for serving the government on account of being given specialized training, a fellowship, or scholarship for studies.
★ Withdrawal of Resignation
- Rule 5(1A)(i) says the central government may permit an officer to withdraw his/her resignation “in the public interest”.
- The rule was amended in 2013 to allow a resignation to be withdrawn within 90 days of its acceptance.
- However, a request for withdrawal of resignation shall not be accepted by the Central Government - if the officer resigns with a view to being associated with any political parties or any organization which takes part in politics.
- Withdrawal of resignation before acceptance: If an officer who has submitted his/her resignation sends an intimation in writing to withdraw it before its acceptance by the competent authority, the resignation will be deemed to have been automatically withdrawn.
