Preparations for Lok Sabha elections have started in the country. Bharatiya Janata Party Lok Sabha Elections Released the first list of candidates for. After the release of the list, discussion has started on social media regarding former IAS Abhishek Singh of Uttar Pradesh cadre. Actually, 2011 batch IAS Abhishek Singh had resigned from the job in October 2023 and was preparing to enter politics. But today we will tell you whether a government employee can rejoin the job after resigning to contest elections or not. Know what the rules say.
What does the rule say?
According to the information, there are two types of central employees. One is the officers of All India Service, which includes IAS, IPS and IFS (Forest Service). Others are non-All India Service employees. Mostly employees of subordinate services fall in this category. Things like job, transfer, promotion, resignation, pension, VRS or retirement benefits of these two categories of central employees are governed by the Central Civil Services Rules.
According to the information, the thing to be kept in mind is that in the case of officers of All India Services like IAS, IPS and ISS, All India Services (Death cum Retirement Benefit Rules), 1958 is applicable. Let us tell you that there is a provision for resignation in Rule 5(1) and 5(1)(A) of All India Services. It says that if an officer wants to resign, his resignation should be clear and unconditional. An officer can apply for resignation immediately or from a fixed date. The reason for resignation should be clearly mentioned in the application.
To whom do IAS submit resignation?
An IAS officer has to send his resignation to the Chief Secretary of his state. Whereas IPS has to submit resignation to the state police chief. For example, if an IAS is of Uttar Pradesh cadre, then he has to submit his resignation to the Chief Secretary of his state. Similarly, IPS has to send resignation to the highest police officer or DGP of the state. If an IAS or IPS is on deputation, he has to submit resignation to the head of the concerned department.
In how many days can the resignation be withdrawn?
Officers of All India Services like IAS and IPS can withdraw their resignation within 90 days. If the resigning officer submits a written application for withdrawal of resignation before approval, the resignation is automatically withdrawn.
Who cannot withdraw resignation?
According to All India Service Rules, if an officer has resigned from his service or post for the purpose of joining any political party or any organization participating in politics. Apart from this, if one has left the post to participate in any political movement or to participate in the elections of any legislature or local authority, then he is not allowed to withdraw his resignation.
However, for example, Jammu and Kashmir officer Shah Faesal returned to service after joining politics. Because till then his resignation had neither been processed nor any decision had been taken on it. Apart from this, former DGP of Bihar Gupteshwar Pandey had also contested the elections and after losing, he returned to service. Because his resignation was neither processed nor accepted.
Can Abhishek Singh become IAS again?
The latest case is of Abhishek Singh. But let us tell you that Abhishek Singh cannot become IAS again. Because his resignation has been accepted. According to the information, if Abhishek Singh’s resignation had not been processed, there was a possibility of his joining service again.
What facilities are available after resignation?
An All India Service officer automatically resigns or is dismissed. In that situation, facilities available after retirement are not given. However, there are some exceptions to this rule. For example, the government can give him compassionate allowance keeping in mind certain special circumstances. Which does not exceed two-thirds of the retirement benefits.
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