Kannan Gopinathan’s stalled resignation from the IAS: What the principles say | Explained News

What occurs when an IAS officer resigns? How lengthy does the federal government often take to simply accept such resignations? And when can it reject resignations? Here is what the principles say.

What are the principles round IAS officers and political exercise?

Gopinathan give up the IAS in August 2019 to protest the restrictions imposed in Jammu & Kashmir following the abrogation of Article 370. He joined the Congress in October final yr and was reportedly being thought of as a candidate for the Palakkad Assembly seat.

But the conduct guidelines bar serving authorities servants from being related to any political celebration or organisation, and from collaborating in or aiding any political exercise. Gopinathan’s standing as a serving authorities officer stays in limbo.

An modification on November 27, 2014 added just a few clauses to The All India Services (Conduct) Rules. Rule 3(1) reads: “Every government employee shall at all times maintain political neutrality and commit himself to and uphold the supremacy of the Constitution and democratic values.”

On Wednesday, he posted on X addressing Prime Minister Narendra Modi and calling the scenario “pure harassment”. The Prime Minister is the minister answerable for the DoPT.

Gopinathan mentioned: “Blocking my right to resign and take part in the democratic process is pathetic and petty, whatever my political position is. Stop this pettiness and direct your lethargic government to process my resignation immediately.”

What is the resignation course of for IAS officers?

The resignation of an officer of any of the three All-India Services — the IAS, the Indian Police Service (IPS) and the Indian Forest Service — is ruled by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958. There are related resignation guidelines for officers belonging to the opposite central providers as effectively.

• An officer serving in a cadre (cadre refers to a state or group of states or Union Territories to which they’re assigned) should submit their resignation to the Chief Secretary of the state.

• Officers on central deputation from a cadre are required to submit their resignation to the secretary of the ministry or division involved. The ministry or division then forwards the officer’s resignation to the state cadre involved, together with its feedback or suggestions. Cases of AGMUT (Arunachal Pradesh-Goa-Mizoram and Union Territories) officers are routed via the Union Ministry of Home Affairs. Gopinathan was from the AGMUT cadre.

Rule 5 of the DCRB Rules says: “No retirement benefits may be granted to a person who has been dismissed or removed from the Service or who has resigned from the Service.” DoPT tips say a resignation must be clear and unconditional.

What occurs subsequent?

First, the state checks if the officer faces any pending dues, instances or inquiries (corresponding to corruption). In such a case, the resignation is often rejected.

The state then supplies particulars on excellent dues and vigilance standing, together with its advice, to the Union authorities. It forwards the resignation to the Union authorities.

In the case of IAS officers, the authority that may contemplate the resignation is the Minister of the DoPT — in different phrases, the Prime Minister, who’s the cupboard minister for the DoPT.

For the IPS, the competent authority is the Minister for Home Affairs, whereas for the Indian Forest Service, it’s the Minister for Environment, Forest and Climate Change.

Can the federal government sit on IAS resignations?

There is not any prescribed time restrict for the federal government to simply accept a resignation by an IAS officer. However, a DoPT round issued on February 15, 1988 says it’s not within the curiosity of the federal government to retain an officer who’s unwilling to serve. The normal rule, due to this fact, is that the resignation of an officer must be accepted — besides in sure circumstances.

A round of DoPT issued in 1988, says: “Where a Government servant who is under suspension submits a resignation the competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation.”

In some instances, resignations have been rejected as a result of disciplinary instances have been pending towards officers. In such instances, the concurrence of the Central Vigilance Commission (CVC) is obtained.

The authorities additionally checks whether or not the officer had executed any bond to serve the federal government for a specified variety of years on account of getting obtained specialised coaching, fellowships or scholarships for research.

For occasion, Arvind Kejriwal resigned from the Indian Revenue Service (IRS) in 2006. Years later, nevertheless, when he was a part of the India Against Corruption motion, it surfaced that he had executed a bond to serve the federal government when he was despatched for a fellowship. The Income Tax Department slapped a discover on him for violating the phrases of his IRS service and fined him round Rs 9 lakh.

The DoPT round says: “Where the Government servant concerned is engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted straightway but only when alternative arrangements for filling the post have been made.”

What occurred when Kannan Gopinathan resigned?

Gopinathan resigned in August 2019. On September 26, nevertheless, he was posted as a secretary within the Power Development Department of the Union Territory of Dadra and Nagar Haveli, in response to his Executive Record Sheet. The newest obtainable Civil List of IAS officers additionally retains his title.

Two months after Gopinathan give up, the Union Home Ministry issued a memorandum for a departmental inquiry towards him. Later, he was served a chargesheet for violation of conduct guidelines with allegations corresponding to unauthorised communication with media.

And in April 2020, an FIR was filed against him as he declined to return to authorities service through the Covid-19 pandemic, regardless of being instructed to by the federal government as his resignation had not been accepted. This FIR cited alleged disobedience beneath provisions of Section 188 of the IPC, the Epidemic Diseases Act, and the Disaster Management Act.

How many IAS officers have resigned previously?

A complete of 31 IAS officers have resigned from the service since 2010, the yr the Civil Services Aptitude Test (CSAT) changed the Prelims in UPSC civil service exams, exhibits RTI knowledge obtained by The Indian Express this month from the DoPT.

While 11 IAS officers resigned between 2010 and 2014 (through the UPA authorities), 20 officers resigned between 2015 and May 2025 (throughout NDA authorities), the DoPT exhibits.

In 2019, one other AGMUT-cadre officer, Kashish Mittal, had resigned after being transferred from Delhi to Arunachal Pradesh. Mittal was relieved in 2019 itself.

In 2018, O P Chowdhary from the Chhattisgarh cadre resigned. He later joined the BJP and now serves as Minister of Finance within the state.

Others embody Union Minister Ashwini Vaishnaw, who give up in 2011 from the Odisha cadre to begin his personal enterprise and later joined the BJP. Since the CSAT was launched, a majority of the chosen candidates have been technocrats. Many might have chosen to resign for higher alternatives within the personal sector, even joined politics.

Can IAS officers withdraw their resignation?

Gopinathan was not the one IAS officer to resign over the Kashmir subject in 2019. The 2010-batch officer Shah Faesal, too, had resigned in January of that yr citing “unabated killings” in Kashmir.

Faesal, nevertheless, withdrew his resignation and returned to the IAS in 2022 after a failed political stint.

Rule 5(1A)(i) of the amended DCRB Rules says the Union authorities might allow an officer to withdraw his/her resignation “in the public interest”.

An modification within the Rules in 2011 states that the hole between the efficient date of resignation and date of resumption of obligation in such instances could be a most of 90 days. The amended DCRB Rules additionally say that the federal government shall not settle for a withdrawal after an officer resigns with a view to start political actions.

But each these guidelines don’t apply in Faesal’s case — as a result of his resignation, too, was not processed for years.

In his case, the rule that applies is that if an officer withdraws their resignation in writing earlier than its acceptance, the resignation might be deemed to have been robotically withdrawn.

While Faesal is again in authorities service, Gopinathan’s case has gone the other way. He has termed the federal government’s delay in accepting his resignation as “harassment”.