From UPSC perspective, the following things are important :
Prelims level : Not Much
Mains level : Civil services reforms in India
- According to an official release, 15 IRS officers in the Central Board of Indirect Tax and Customs (CBIC) cadre, who had attained the age of 50 years and above, have been given retirement without notice.
- Under 56 (j), the performance of an officer who has turned 50 or 55 or has completed 30 years of service (whichever is earlier) is being reviewed to ascertain if he/she is liable for compulsory retirement.
- Though the rule that provides for compulsory retirement of government staff in public interest has existed for several decades, it has sparingly been invoked.
- The order said that the each official retired will be paid a sum equivalent to the amount of his pay plus allowances for three months equivalent to last drawn salary.
Rule 56 of Fundamental Rules
- Rule 56 of Fundamental Rules states that the appropriate authority has the absolute right to retire, if it is necessary to do so in public interest.
Perform or Perish
- In the case of officers who have entered the government service before the age of 35 years and attained the age of 50 years and in other cases where the officers have attained the age of 55 years or have completed 30 years of service, the government begins periodic review three to six months in advance and takes a decision on the basis of effectiveness of an officer.
- This is a potent tool in the hands of the Union government as the top court of the country has upheld its validity.
Validated by the Court
- Supreme Court has not only held the validity of Fundamental Rules 56 but it has also held that there is no need to issue a show-cause notice to such officers before serving a retirement notice to the concerned officer.
- These people are those who have completed more than 50 years.
- And the message has to be sent to others and that is why the government is sending the message.
For all services
- The provision is there for all the services. It has to be done by the ministry concerned.
- For the IAS officers it is DoPT and for IPS officers it is MHA so the decision has to be taken by them.