PIL filed over transfer of senior IAS officers

Amaravati: Andhra Pradesh first Chief Secretary IYR Krishna Rao has filed a public interest litigation (PIL) in Andhra Pradesh High Court over the sudden transfer of senior IAS officers. The PIL is directed against the State government.The High Court is yet to admit it.

In his petition, Krishna Rao, president of the Foundation for Social Awareness, pointed out that the State government has been transferring the officials without allowing them to serve minimum period, which is damaging the morale of the bureaucrats. He filed the PIL on behalf of the Foundation.

Speaking to The Hans India over the phone, Krishna Rao explained that he urged the High Court to direct the State government to implement the Supreme Court orders. He also prayed the High Court to ensure minimum tenure for the Chief Secretary.

The DGP, the Cabinet Secretary, the Home Secretary, the CBI Director and the Foreign Secretary have two-year secured tenure and there is a selection process for the posts. Only important post that is left out is the Chief Secretary. He said that he appealed to the Court to extend the same system to the CS too.

He stated in the PIL was filed after aggrieved for the excessive action of the Principal Secretary (FAC) for not ensuring secured tenure of government servants working in various capacities in several State government Institutions, especially the former Chief Secretary of Andhra Pradesh in violation of catena of judgments pronounced by the Supreme Court of India", (sic).

In this case, Principal Secretary is Praveen Prakash, who is also Principal Secretary to CMO. He said that the Supreme Court in the case of Prakash Singh &Ors. Vs Union of India categorically held that the Director General of Police of the respective State should have a minimum tenure of at least two years irrespective of his date of superannuation. The absolute extrapolation could be conveniently applied to various offices assumed by public servants, including that of the Chief Secretary, he suggested.

Minimum assured service tenure ensures efficient service delivery from the officers concerned and it would unequivocally enhance the efficiency of officers which would certainly aid the dispensation in power to achieve its targets seamlessly, he opined.

Unless there is a written specific reason, the officials must be allowed to continue in the post. He explained that he is not denying the powers of the government. But, demanding a speaking order on the performance of the officer, before transferring him. He opposed transfers merely based on the unwillingness of the Minister or other politician.

Krishna Rao also mentioned that the second Administrative Reforms Commission categorically prescribed security of tenure for All India Service Officers holding various posts in the Union and State governments.

The Supreme Court in the case of TSRSubramanian &Ors vs Union Of India &Ors on October 31, 2013 directed the State governments and Union Territories to issue appropriate directions to provide minimum tenure of service to various civil servants. Krishna Rao said that majority of the state governments are not implementing this direction.

In his petition, he made AP Chief Secretary, Principal Secretary, Department of Political-FAC in General Administration, Cabinet Secretary to Government of India, Secretary to the Department of Personnel and Training, Government of India as respondents.