India
Know how Section 5 and Section 7 of the All India Service conduct rules can put the IPS officers seen hobnobbing with Mamata Banerjee during her dharna in serious trouble
New Delhi: While the ministry of home affairs (MHA) is gearing up to take action against IPS officers deployed in West Bengal that came in the way of CBI officers’ effort to discharge their duty, there are mainly two Sections that can be imposed to take disciplinary action against officers including Rajeev Kumar. This could lead to the suspension of the officers from the duty.
However, experts say that the Union government requires a report from the state with details of the conduct of the officers, for which the MHA has already sought a report from the state. Here are the main Sections of All India Service conduct rules, which enable the Union government to book IPS officers.
Taking part in politics and elections
As senior IPS officers were directly involved in a political tussle, sharing the stage with political leaders including chief minister Mamata Banerjee in a political movement or activity, officers concerned may face action for violating this section.
Section 5 says, “No member of the Service shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.” This Section bars an officer and his/her family from
… any movement or activity which is — or tends directly or indirectly to be — subversive of the government as by law established, and where a member of the service is unable to prevent member of his family from taking part in or subscribing in aid of, or assisting in any other manner, any such movement of activity, he shall make a report to that effect to the government.
“If any question arises whether any movement or activity falls within the scope of this rule, the question shall be referred to the government for its decision,” Section 5(3) says.
Demonstration and strikes
As senior officers are seen in the footage sitting with political leaders and as Mamata Banerjee started a demonstration against the Union government, Section 7 stood violated, too.
The Section says, “No Government servant shall
1. engage himself or participate in any demonstration which is prejudicial to
a. the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, decency or morality, or
b. or which involves contempt of court, defamation or incitement to an offence, or
2. resort to or in any way abet any form of strike 10 or coercion or physical duress in connection with any matter pertaining to his service or the service of any other Government servant.”
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