Introduction

Recently , the Central Government established a single-member committee under the Department of Personnel and Training (DoPT) to review the documents submitted by probationary IAS officer Puja Khedkar, who secured her candidature in the civil services. Khedkar, who ranked 821 in the 2022 UPSC Civil Services Examination, was allocated the Indian Administrative Service (IAS) under the Other Backward Classes (OBC) and Physically Handicapped (PH) quotas. Her appointment under these categories has raised several questions.

Khedkar faces multiple allegations of misconduct, including seeking special privileges she is not entitled to as a probationer and occupying the ante chamber of the District Collector’s office. She is also accused of using an unauthorized red-blue beacon on her private luxury Audi sedan, which she claims was a gift. In light of this controversy, the Maharashtra government decided to transfer Khedkar from Pune to Washim.

Governing Rules for Civil Servants

The actions of civil servants are primarily governed by two sets of rules: the All India Services (Conduct) Rules, 1968, and the Indian Administrative Service (Probation) Rules, 1954.

The All India Services (Conduct) Rules, 1968:

• Integrity and Duty: Rule 3(1) mandates that every member of the Service must maintain absolute integrity and devotion to duty and avoid any conduct unbecoming of a service member.

• Misuse of Position: Rule 4(1) specifies that officers must not use their position or influence to secure employment for any family member with any private undertaking or NGO.
• Ethical Standards: In 2014, sub-rules were added requiring officers to maintain high ethical standards, integrity, honesty, political neutrality, accountability, transparency, responsiveness to the public, particularly weaker sections, and good behavior with the public.
• Decision Making: Officers must make decisions solely in the public interest, declare any private interests related to their public duties, avoid financial or other obligations to individuals or organizations that may influence them, and not misuse their position to derive benefits for themselves or their associates.
• Accepting Gifts: According to Rule 11(1), officers may accept gifts from near relatives or personal friends on occasions such as weddings, anniversaries, funerals, and religious functions but must report any gift exceeding Rs 25,000 to the government.

The Indian Administrative Service (Probation) Rules, 1954:

• Probation Period: Officers are on probation for at least two years after selection, including their training period at the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in Mussoorie. They must pass an examination at the end of this period to be confirmed in their service.
• Benefits: During probation, officers receive a fixed salary and travel allowance but are not entitled to benefits such as an official car with a VIP number plate, official accommodation, or an official chamber with staff.
• Discharge Conditions: Rule 12 outlines conditions for discharging probationers, including being found ineligible for recruitment, unsuitable for service, neglecting studies or duties, and lacking the necessary qualities of mind and character.
• Enquiry Process: A summary enquiry is conducted before passing an order of discharge, like the one initiated against Khedkar by the DoPT. The committee will submit its report within two weeks.

Allegations and Consequences

• Khedkar’s appointment to the IAS, despite her low rank, was due to the OBC and PH quotas.
• If her OBC and PH certificates are proven to be falsified, she stands to be discharged from service.
• A DoPT circular from 1993 states that any government servant found to have furnished false information or produced a false certificate to secure appointment should not be retained in service, applicable even to confirmed officers.
• Khedkar has previously been involved in a legal battle regarding her PH status. According to a CAT order dated February 23, 2023, the UPSC had asked Khedkar to undergo a medical examination at AIIMS, New Delhi, in April 2022, which she postponed citing a COVID-19 infection.
• She did not attend the rescheduled examination and later submitted an MRI report from a private facility, leading to an inability to assess her visual disability.
• Critics have questioned Khedkar’s OBC (non-creamy layer) status, pointing to her ostensibly well-to-do background.
• The OBC category is subdivided into creamy and non-creamy layers, with only the latter benefiting from reservations.
• This determination is based on the parents’ income and occupational background.
• For those whose parents work in the private sector, the threshold to qualify for non-creamy layer status is an income of under Rs 8 lakh annually.
• For public sector employees, it depends on whether either parent became a Group-A official before age 40 or both are Group-B officials

Conclusion

The committee’s investigation and subsequent report will be crucial in determining the validity of the allegations against Puja Khedkar and the integrity of her appointment to the IAS. This case highlights the importance of strict adherence to rules and regulations governing civil servants and the consequences of any misconduct or falsification of credentials.