Disciplinary proceedings can now be initiated against All India Services (AIS) officers who join central government posts, statutory institutions or foreign bodies on deputation but do not return to their parent state cadres once their deputation is over.
The Centre intimated the new rules governing deputation of IAS, IPS and Indian Forest Service (IFS) officers last month.
A communication received by the Orissa chief secretary from the ministry of personnel in the last week of December 2006 says, "In the event of the officer overstaying for any reason whatsoever, he is liable to disciplinary action". According to the letter, the period of unauthorized overstay "shall not count for the purpose of pension" and "any increment due during the period of unauthorized overstay shall be deferred, with cumulative effect, till the date on which the officer rejoins the parent cadre".
Henceforth, the terms and conditions of deputation shall clearly lay down not only the period of deputation but also the date on which an officer will be relieved. The letter says, "No further orders for relieving the officer will be necessary".
Another stipulation says, "The officers, including those who are presently on deputation, would be deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation, in writing prior to the date of its expiry".
It shall also be the responsibility of the immediate superior officer to ensure that the officer does not overstay.
Officers, whose deputation period will be over in the next six months, may be allowed " an extension of not more than one month, on a case to case basis with the approval of the Department of Personnel and Training".
Even though the terms and conditions of deputation issued by the various ministries, departments and offices specify the period of deputation, the communication says that there have been a number of cases of overstaying without the approval of the competent authority.
A number of proposals for regularization of such overstay were also received for approval by the competent authority.
The letter to the chief secretary adds, "It is necessary to ensure that there is no laxity on the part of the controlling authorities in relieving the officer. The officer should not go by the presumption that he needs to join his parent cadre only after being formally relieved by the borrowing department".
According to the communication, all cases of deputation in future will be governed by the above conditions.