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On Twitter 7th June 2020Madhumita-Roadblock to Justice.pdfOGAS TO CAPF (Organised Group ‘A’ Service To Central Armed Police Forces) has been trending on Twitter and all the print media are replete with mind-boggling articles on the ongoing tussle between cadre officers of CAPFs (Border Security Force, Central Industrial Security Force, Central Reserve Police Force, Indo Tibetan Border Police and Sashastra Seema Bal) and the IPS (Indian Police Service) officers. The IPS lobby is bent upon proving their supremacy over the cadre officers of CAPFs at the top supervisory levels. The cadre officers of CAPFs on the other hand claim to be the sons of the soil, possessing domain knowledge of the affairs of the internal security and border guarding. Under such charged atmosphere, as an ordinary citizen of the country and also as a student of law, it is my bounden duty to express my feelings and opinion on the subject which is so important and at the same time it is also concerning our national http://security.As far as right of IPS officers to deputation to the top posts of CAPFs is concerned, the following facts may please be kept in mind while further forming a balanced opinion on the subject. On 3 July, 2019, the Union Cabinet granted approval for implementation of the order of the Hon’ble High Court of Delhi dated 3 September, 2015, which was confirmed by the Hon’ble Supreme Court on 5 February, 2019.As per orders of the Hon’ble Courts and as approved by the Government of India, Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), Indo Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) are Organised Group ‘A’ Services since 1986 as per Department of Personnel and Training (DoPT) Monograph and, therefore, all the cadre officers of CAPFs are entitled to benefits of promotion and pay with effect from 1986. As per sub para (iv) of DoPT Office Memorandum (OM)1, dated 19 November, 2009, at least 50% of the vacancies in Junior Time Scale (JTS, i.e., Assistant Commandant rank in case of CAPFs) and all the vacancies above Junior Time Scale and upto Senior Administrative Grade (SAG, i.e., Inspector General rank in case of CAPFs) level in such services are filled up by promotion from the next lower grade.The cadre posts of an Organised Service expressly belong to that service..Rule 11 of the IPS (Cadre) Rules, 1954 do not permit an IPS Officer to hold two cadre posts or a cadre post and an equivalent post simultaneously, except for a period not exceeding 6 months and in any case, not beyond 12 months and that too with prior approval of the Central Government. Therefore, as a corollary, when they come to CAPFs, they can only come on ex-cadre posts. The submission that these can only be ex-cadre is further substantiated from para 2 of the IPS Tenure Policy2, relevant portion of which reads as under :The cardinal principle is that an IPS officer so appointed will be available to serve on central deputation for a stipulated tenure and thereafter return to his/ her parent cadre. The movement of officers from the State to the Centre and back is of mutual benefit to the States and the Government of India on the one hand and to the officers concerned on the other. The DoPT’s OM3, dated 05.01.1996, lays down procedures for selection and appointment of Officers to Senior Administrative Posts at the Centre under the Central Staffing Scheme. Relevant portions are reproduced as under: 3. The Central Staffing Scheme has been in operation for over 30 years. It provides Systematic arrangement for selection and appointment of Officers to senior administrative posts at centre, excluding posts which are specifically encadred within the organised Group A Services or filled by recruitment through UPSC. All Officers who are so borrowed will serve the Govt. Of India for a stipulated tenure on deputation and, thereafter, return to their parent cadre. Their growth, development and career prospects will be mainly in their own services. The scope of Central Staffing Scheme is bound by following parametersEvery State cadre of each of these services (IAS, IPS and IFS) provides for a Central deputation quota which in turn requires additional recruitment to be made to these services....... However, no post so filled by a member of any All India Service on tenure deputation can be deemed to be a cadre post of that service. The noting of the Government in one of its own files bearing no. P- I-1/2012 PersDA-Pay notices the fact that non-fulfilling the attributes cannot be attributed to the Force and it is not as if the Force is short of officers to fill up the vacancies upto IG Rank. The note also records that the cadre officer should not be in a disadvantageous position in terms of delay in promotional avenues. Although officers in Pay Band - 3 and Pay Band - 4 in the CAPFs have been categorised under Organised Group ‘A’ Service ever since the year 1986, the Government of India has denied the cadre officers of CAPFs their lawful dues and treated them as General Central Service. Let us take the example of CRPF. The CRPF Group-A (General Cadre Officers) Recruitment Rules, 2008 as notified on 10.08.2010 vide Notification No. GSR 679(E) issued by the Ministry of Home Affairs, Government of India, have not been made in the format of OGAS and following rank-wise fixed percentage of different senior level posts have been kept reserve for IPS and Brigadier of Army (including Ex-Brigadier) which is against the spirit of OGAS: (i) (ii) (iii) (iv) (v) DG - 100% IPS on deputation SDG - 100% IPS on deputation ADG – 66-2/3% IPS on deputation IG - 50% IPS on deputation DIG - 18% IPS and 2% Serving Army Officer on deputation (or 2% retired Army Officer on re-employment) Rule 6 (1) of the IPS (Cadre) Rules, 1954 provides for deputation of IPS officers to the Central Government or another State Government or to a company association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government. Although IPS officers have so much of scope for career growth and to go ondeputation to so many departments of Central Government and other areas, still rank-wise fixed percentage of many senior posts have been kept reserve in CAPF for IPS officers. But, although CAPFs are Organised Group ‘A’ Services, no such provision for career growth for officers of CAPFs has been made, resulting into stagnation of officers in same rank for years together.The career prospects of cadre officers of CAPFs have been made more pathetic by keeping many senior level posts reserved for IPS officers, which in itself is a gross violation of Article – 14 (Equality before law) and Article – 16 (Equality of opportunity in matters of public employment) and also the principle of natural justice. In no other Organised Group ‘A’ Service rank-wise fixed percentage of different senior level posts are kept reserved for officers of other services to come on deputation. As per sub para - (ix) of para - 2 of Section - 5 of DoPT Monograph – 2010, it should be the constant endeavour of Cadre Authorities to periodically review the position regarding such posts with a view to encadre them keeping in view :(a) the nature of functions and responsibilities attached to them. (b) the likelihood of their continuing. (c ) the desirability of deploying cadre officers to such posts. Para 3.13 of the Monograph of 1993 reads as under: Recruitment rules are a sine-qua-non for creation and continuation of any posts, for an organised service. There have been instances where Service cadres have been constituted even before framing proper recruitment rules. In some cases such situation (existence of Service without proper recruitment rules) continues for quite some time giving rise to distortion in cadre management. The Department of Personnel and Training have been issuing guidelines and instructions from time to time in regard to framing of recruitment rules. The Department of Personnel and Training (Establishment Division) have issued a Hand Book in 1984 wherein the various guidelines together with the model recruitment rules have been published for the use of Ministry/ Department of the Government of India. The Hand Book enables the cadre authorities to frame recruitment rules in respect of posts included in the cadre under their control in a rationale www.manner.it should also be checked and ensured that the recruitment rules already framed are in line with the guidelines. Although all the posts of CAPFs are cadre posts but no such recruitment rules have been framed which are in line with the above mentioned guidelines of DoPT. As per sub para (a) of para 16 of Section 3 of DoPT Monograph – 2010, the functional needs of a regularly constituted service ought to be fully met by cadre posts without having to take recourse to ex-cadre posts. Similarly, sub paras (d) and (e) of para 16 of Section 3 of DoPT Monograph – 2010 read as under: (d) An ideal cadre should be capable of fulfilling the legitimate career expectations of the member of the Service. The expectations, however, have to be in harmony with the functional needs of a Service; and (e) Every cadre structure should have separate provision for various types of reserves like probation, training, leave and deputation. The Hon’ble Supreme Court in it’s order dated 18 October, 20194, has held as under; ….while deciding the appeals, this Court has made no observations with respect to the right of the IPS Officers for deputation, in terms of the recruitment rules, if any, as the same was not the controversy and/ or issue before this Court and the decision of this Court shall be construed with respect to grant of Organised Group ‘A’ Central Services only. However, para – 2.3 of Tenure Policy for IPS officers on Central deputation, reads as under: Every State cadre of the IPS provides for a Central deputation quota which in turn requires additional recruitment to be made to the Service to provide for trained and experienced members to serve on posts in the Central Government. Accordingly, utilisation of the Central deputation quota of different State cadres is an important factor governing the scale at which officers are borrowed from the various State cadres of the Service. However, no post so filled by a member of IPS on deputation can be deemed to be a cadre post of the parent State.Similarly, no individual member of IPS can claim any right to appointment to a post under the Government of India. Therefore, it is quite evident from the preceding paragraphs that neither any of the orders of the Government of India, nor the order of the Hon’ble Supreme Court confers any right on the IPS officers for deputation to the CAPFs. On the other hand, as per para – 4 of Section 3 of DoPT Monograph – 2010, members of a Service are expected to possess an intimate knowledge of the particular area or the function or the skill concerned. There is no doubt that the cadre officers of CAPFs possess domain knowledge. But the officers of Indian Police Service, who come on deputation for few years, do not possess an intimate knowledge of today’s highly specialised anti-Maoist, anti-insurgency or antiterrorism operations and, therefore, they are not sound professionally to command the CAPFs.

Pre-Independence (before 1947)Post 1757 , when East India Company started to rule, they created CCS(Covenanted Civil Services) whose members signed covenants with company's board of directors.There was great corruption in British Bengal because of the political patronage. In 1773, British parliament enacted the 'Regulating Act' in India which established the post of Governor General.The India Act, 1784 established the principles of governance in India. Lord Cornwallis(1786-93) splitted the bureaucracy into two parts :- political branch responsible for civil governance and commercial branch for commercial activities.In 1800, Lord Wellesley setup the Fort William College in Madras in 1800 to induct new entrants into CCS.After 1886, It was called as Imperial Civil Service and its members were appointed under section XXXII of Government Of India Act, 1858.In 1914 5 % were Indians and In 1942, there were 597 Indians and 588 British.Macaulay Committee gave India its first modern civil service in 1854 which recommended that the patronage based system of the East India Company should be replaced by permanent civil service based on merit based system through competitive entry examinations.[4]The Report made it clear that only the best and the brightest would do for the Indian Civil Service (ICS).Aitchison Commission was setup in 1886 under the chairmanship of Sir Charles Umpherston Aitchison so that Indians can get employment in public service.It gave some recommendations :-Max age of entry = 23 yrs old3 tier classification :- Imperial, Provincial and Subordinate civil Services.Abolishment of Statuary Civil Services.Certain seats in Imperial to be filled from Provincial.The statuary Civil Service was abolished in 1892.Islington Commission was established in 1912 which was Royal Commission on Public Services in India.It gave following recommendations in 1915 :-Services under Govt of India to be classified into Class1 and Class 2.25 % of superior posts to be filled by Indians.Probationary period of 2 yrs for direct recruits.Recruitment to superior posts should be made partly in India and partly in England.The Montagu-Chelmsford Report accepted in principle the demand for Indianisation of the higher civil services and accordingly a provision for this was made in the Government of India Act, 1919[6]From 1922 Onwards, ICS exam began to be held in India.The Royal Commission of the Superior Civil Service in India under the Chairmanship of Lord Lee, in its 1924 Report, recommended setting up of Public Service Commission of India. The Public Service Commission of India was set up on 1st October, 1926 under the Chairmanship of Sir Ross Barker.The All India and class 1 central services were designated as Central Superior Services as early as 1924.By 1934 , Administration in India consisted of seven All India Services and five central departments, all under the control of Secretary of State for India, and 3 central departments under joint Provincial and Imperial Control.The Government of India Act, 1935 provided for the establishment of a Public Service Commission for each ProvincePost Independence (After 1947)Indian political leaders chose to retain some elements of the british structure of a Unified Administrative System such as open entry system based on academic achievements, training,permanent tenure, important post at union, state and district level for civil service etc.[5]The civil services can be categorised into :-1. All India Services : Whose members serve both the union and state governments2. Central Civil Services : serve only the union government.3. State Civil Services : state government.Article 312 of constitution empowers Parliament to create the All India Services on the fulfillment of certain conditions.Section 3 of AIS Act,1951 and the rules and regulations made by the government prescribe the selection process for the IAS. Similar provisions exist for IPS and IFoS.[7]Objectives behind AISPreserving national unity and integrity and uniform standards of Administration.Neutrality and Objectivity - non political,secular and non-sectarian outlook.Competence, efficiency and professionalism - at entry by attracting the best and brightest and throughout the career.Integrity and Idealism.The first administrative reforms Commission was setup in January, 1966 . It submitted 20 reports covering many aspects such as State,financial,personnel administration, machinery of GOI etc containing 537 major recommendations.A report indicating the implementation position was placed in parliament in Nov 1977.A gist of the recommendations are as follows :-Need for specialization :- A method of selection for senior management posts was laid down.Unified grading structure :- A structure based on qualifications and nature of duties and responsibilities was suggested.Recruitment : A single competitive exam for the Class 1 service with age limit raised to 26 yrs;discontinuation of direct recruitment to Class 2 services etcRecruitment agencies : A new procedure for appointment of members of the UPSC and State PSC was suggested; selection of recruitment board for selection of clerical staff was recommended.Training : A national policy on civil service training to be designed.Promotions : Detailed guidelines for promotions were outlined.Conduct and Discipline : Reforms in disciplinary enquiry proceedings and setting up of Civil Service Tribunals was suggested.Service Conditions: Th e Commission also gave recommendations on matters related to overtime allowances, voluntary retirement, exit mechanism, quantum of pension, government holidays, incentives and awards to be given on timely completion of projects, and establishing work norms for various posts that maybe reviewed by the Staff Inspection Unit.Various Commissions have been set up from time to time to make recommendations for Recruitment:-Report on Public Administration by A.D. Gorwala, 1951: no scope for patronage.Report on the Public Services (Qualifications for Recruitment) Committee, 1956 – also known as Dr. A. Ramaswami Mudaliar Committee Report: compulsary university degree for higher services, age limit 21-23.Report on Indian and State Administrative Services and Problems of District Administration by V.T. Krishnamachari, 1962: Recruitment to class 1 and 2 should be made annualy.ARC’s Report on Personnel Administration,1969: Single competitive exam , age limit 26, rectt boards for class 3 and 4 employees.Report of the Committee on Recruitment Policy and Selection Methods, 1976 – also known as the D.S. Kothari Committee Report: Two stage examination process - preliminary and mains, changes in training pattern.Report of the Committee to Review the Scheme of the Civil Services Examination, 1989 – also known as the Satish Chandra Committee ReportReport of the Civil Services Examination Review Committee, 2001, also known as Professor Yoginder K. AlaghCommittee Report: testing the candidates in a common subject rather than optional ones.Report of the Committee on Civil Service Reforms also known as the Hota Committee Report, 2004 : age 21-24, 5 yrs concession for SC/ST and 3 yrs for OBC, aptitude test may be introduced, probationers may be given 1 month time after starting of training to choose service.Recommendations on Training :-1951 A.D Gorwala Report : There must be an induction, trainings at intervals, director of training.1962 V.T Krishnamachari Report : trainings for State Civil Service Officers.1969 ARC report : national policy on civil services training, central training division.2003 Yugandhar Committee : need of mid career training programmes.ARC recommended 8 areas of specialization :- Economic, Industrial, Agriculture and Rural Development, Social and Educational, Personnel, Financial, Internal Security and Defence, Planning.The selection to these areas should be made through mid career competitive examination . All Class 1 officers with 8-12 yrs exp would be eligible.[8]Appleby report (1953): suggested the establishment of Organization & methods machinery and Institute of public administration . Both these recomm were implemented by government.Accountability :-Vigilance division in every Department.Article 311 for conducting disciplinary proceedings against civil servants.After completing 25 or 50 yrs , servant may be retired. Its in rule 56(j) of the Fundamental rules.ARC recommended the establishment of lokpal at centre and lokayukta in states to deal with complaints.Implementation of RecommendationsMany of the recommendations involving basic changes have not been acted upon and therefore, the framework, systems and methods of functioning of the civil services based on the Whitehall model of the mid-nineteenth century remains largely unchanged.Lal Bahadur Shastri National Academyof AdministrationOn April 15, 1958 the then Home Minister announced in the Lok Sabha a proposal to set up a National Academy of Administration, where training would be given to all the recruits of the Civil Services. The Ministry of Home Affairs decided to amalgamate the IAS Training School, Delhi and the IAS Staff College, Shimla to form a National Academy of Administration at Mussoorie.The Academy was set up in 1959 and was called the 'National Academy of Administration'.Its status was that of an 'attached office' of the Government of India under the Ministry of Home Affairs.In October 1972, its name was changed to "Lal Bahadur Shastri Academy of Administration" and in July 1973, the word "National" was added and the Academy is now known as the “Lal Bahadur Shastri National Academy of Administration".The prestigious "Charleville Hotel" built around 1870, provided the location and initial infrastructure for the Academy. There have been subsequent expansions and several new buildings have been constructed and others acquired over the years.The Lal Bahadur Shastri National Academy of Administration imparts training to members of the Indian Civil Services in a common Foundation Course for the All India Services and the Central Service Group-A; and professional training to regular recruits of the Indian Administrative Service (IAS).The Academy also conducts in service training courses for middle to senior level members of the IAS and induction level training for officers promoted to the IAS from the state civil services. It offers a range of specialized inputs for a diverse clientele. Individuals, Non-Government Organizations, the corporate sector, and Governments both within India and abroad are offered customized courses, which cater to their research and training requirements.The first director of the academy was A.N. Jha.Facilities at AcademyAcademy has all basic facilities e.g. equipped lecture rooms, conference halls, auditorium, library, mess, hostel, sports complex, dispensary, bank, post office, EPABX, computer lab, Internet, SVGA projectors to handle computer screens and VCR output, Slide and overhead projectors and Video recording of classroom sessions.The academy dispensary provides medical services, manned by a Senior Medical Officer, a Lady Medical Officer, nursing and technical staff. Academy has a pathology lab, an X-ray unit and a free homeopathic dispensary etc. Article -civilservicesias.com

Show identification and ask to contact your attorney.Recent Court Rulers by Republican appointees are contrived to give law inforcement boundless discression and justification. The intent is to transform enforcement agents and agencies into a preatorian guard dedicated to protecting the elite and oppressing everybody else at their discretion. For the time being, an encounter with ANY law enforcement agent is potentially deadly.Police are the first agents of the Condtitutional government. To realign enforcement policies and procedures with the Declaration of Independence and the Constitution, we'll have to:Purge the courts of all the judges and justices appointed by Republicans.Purge law enforce of all the “bad apples" allowed by Republicans.Purge the states of all the prosecutors and legislators responsible for law that protects prosecutorial misconduct and criminal police.Establish law that defines philosophical boundaries to which the law and its agents must conform.Establish procedures for removal of federal judges and senators on popular demand.Establish a national body and guidelines for recruitment, selection and supervision of law enforcement agents.