Criminal Case Against IAS Officer

Context:

The Union Public Service Commission (UPSC) has registered a criminal case against probationary IAS officer Puja Khedkar for allegedly forging identity papers and falsifying facts to obtain extra attempts in the Civil Services Examination-2022 beyond the prescribed limit.

Relevance:

GS-2 (Polity and Governance)

Key Highlights:

Fraudulent Attempts and Forgery:

Puja Khedkar fraudulently availed 12 attempts at the examination by obtaining an OBC certificate and a Persons with Benchmark Disabilities (PwBD) certificate, citing visual impairment and mental illness. She did this by changing her identity details, including her name, her parents’ names, photograph, signature, email ID, mobile number, and address.

Legal and Disciplinary Actions:

The UPSC issued a show-cause notice for the cancellation of her candidature in the 2022 examination and debarment from future examinations or selections. Additionally, a case has been registered under the Bharatiya Nyaya Sanhita (BNS), the Informational Technology Act, and the Rights of Persons with Disabilities Act, 2016.

Central Administrative Tribunal (CAT) Involvement:

In 2022, Khedkar sought relaxation of the upper age limit for PwBD candidates in the Civil Services Examination from the CAT. However, she repeatedly skipped medical examinations to prove her disability, leading the CAT to rule that her candidature was liable to be cancelled. Despite this, she was inducted into the services and sent on field training until she came under scrutiny for abuse of power during her posting in Pune.

Article 312: All India Services

Provision: Parliament can create All India services, including an All India Judicial Service, common to both the Union and the States.
Recruitment: Managed by UPSC for central services and by SPSC for state-level services.

Constitutional Provisions (Articles 315 to 323):

Article 315: Establishes Public Service Commissions for the Union and States.
Article 316: Details appointment and term of office for UPSC and SPSC members.
Article 317: Discusses removal and suspension of UPSC and SPSC members.
Article 318: Provides power to regulate conditions of service for Commission members and staff.
Article 319: Prohibits holding office by members after their term ends.
Article 320: Enumerates the functions of Public Service Commissions.
Article 321: Grants power to extend the functions of PSCs.
Article 322: Addresses expenses of Public Service Commissions.
Article 323: Mandates submission of annual reports by PSCs.

Composition and Appointment:

Union Public Service Commission (UPSC):
- Appointment: Members, including the Chairman, are appointed by the President of India.
- Term: Members serve for six years or until the age of 65, whichever is earlier.
- Reappointment: Members cannot be reappointed to the same office.
- Resignation: Members may resign by writing to the President.
- Removal: The President can remove or suspend members, subject to conditions like insolvency or infirmity.
State Public Service Commission (SPSC):
- Appointment: Members, including the Chairman, are appointed by the Governor of the State.
- Term: Members serve for six years or until the age of 62, whichever is earlier.
- Reappointment: Members cannot be reappointed to the same office.
- Resignation: Members may resign by writing to the Governor.
- Removal: The President can remove members, and the Governor can suspend them pending a Supreme Court reference.

Functions and Responsibilities:

UPSC:
- Conducts examinations for Union services.
- Advises on recruitment methods, appointments, promotions, and disciplinary matters for central services.
- Provides assistance to states in joint recruitment for specialized services.
SPSC:
- Conducts examinations for state services.
- Similar advisory roles as UPSC for state services.
- Reports to the Governor annually, with reasons for non-acceptance of advice presented to the State Legislature.

Eligible Appointments After Term:

UPSC Chairman: Ineligible for further employment under the Government of India or any state.
SPSC Chairman: Eligible for UPSC or SPSC roles but not other government employment.
UPSC Members: Eligible for UPSC Chairman or SPSC roles, but no other government employment.
SPSC Members: Eligible for UPSC or SPSC roles, but no other government employment.

Submission of Reports:

UPSC: Annual reports submitted to the President, with explanations for non-accepted advice presented to Parliament.
SPSC: Annual reports submitted to the Governor, with explanations for non-accepted advice presented to the State Legislature.

Conclusion:

These provisions ensure the independence, functionality, and accountability of the Public Service Commissions in India.