New Delhi: A group of 94 former civil servants have released a statement expressing concerns over the Narendra Modi government’s changes to the All India Service Rules. These rules, the statement says, will make it impossible for public servants to express their opinions on matters of national importance. If they do not comply, their pensions may be revoked.In a statement released under the umbrella of the Constitutional Conduct Group, the former civil servants have said that the proposed changes “would be violative of Article 51A of the Constitution which enjoins upon all citizens to “cherish and follow the noble ideals that inspired the national struggle for freedom.” The right to criticise the government in power is part of these ideals and cannot be termed as “misconduct””.“Considering the severe penalties prescribed for misconduct, it is legally incumbent on the union government to have provided an exhaustive definition of the term. By leaving this deliberately vague, ambiguous and amorphous, the union government has armed itself with unlimited powers to harass and persecute any pensioner whose action is not to its liking, whether it be an article, an interview, participation in a protest march or seminar, or any form of criticism,” the statement continues.Read the full statement below.§The Constitutional Conduct Group, a collective of former civil servants, has noted with concern the recent amendments by the Ministry of Personnel, Public Grievances and Pensioners, Govt. of India, to the All India Services (Death cum Retirement Benefits) Rules 1958 (hereinafter referred to as the Rules). Through a notification dated 6.7.2023, these amendments have, inter alia, sought to impose a complete ban on the right of retired civil servants to comment on public matters, by threatening them with the withdrawal of their pensions. This would be violative of Article 51A of the Constitution which enjoins upon all citizens to “cherish and follow the noble ideals that inspired the national struggle for freedom.” The right to criticise the government in power is part of these ideals and cannot be termed as “misconduct” .The original Rules of 1958 (as amended from time to time) did contain a provision in Rule 3 that “future good conduct shall be an implied condition of every grant of pension and its continuation” and that the pension could be withheld or withdrawn, in part or in full, if the pensioner is convicted of a serious crime or is held to be guilty of grave misconduct. However, such action could only be taken by the union government on a reference from the state government (the cadre to which the officer belonged). But now, Rule 3 has been amended to provide that such punitive action can be taken by the union government “either on a reference from the state government concerned or otherwise.” This, we feel, violates the principles of federalism and confers draconian powers of oversight and overrule on the union government which is not in conformity with the duality of control envisaged in the All India Services structure. It will further expose officers in opposition ruled states to intimidation by the party in power at the centre.We note with apprehension that nowhere in the Rules has the term “good conduct” or “grave misconduct” been defined, other than in sub-rule 8 of Rule 3 which merely “includes” disclosure of any information covered by the Official Secrets Act as a grave misconduct. Other than this, however, the Rules are completely silent on this issue, and everything is left to the decision or interpretation of the central government. Considering the severe penalties prescribed for misconduct, it is legally incumbent on the union government to have provided an exhaustive definition of the term. By leaving this deliberately vague, ambiguous and amorphous, the union government has armed itself with unlimited powers to harass and persecute any pensioner whose action is not to its liking, whether it be an article, an interview, participation in a protest march or seminar, or any form of criticism. In effect, this will totally muzzle and silence anyone who draws a pension from the state, which appears to be the intention behind these amendments.The withdrawal/withholding of pension for any criminal conviction is equally pernicious and untenable in law as it amounts to double jeopardy, punishing a person twice for the same offence. The pension is something (s)he has already earned by dint of long service. If (s)he commits a crime, (s)he will suffer the consequences of that by the operation of that criminal law: (s)he cannot be penalised a second time for the same offence by withdrawing her/his pension. Furthermore, the law punishes the perpetrator of a crime, not her/his next of kin; by withdrawing/withholding her/his pension the government would be inflicting unjustified tribulations and misery on her/his family too.Finally, both the original and the amended provision of Rule 3 (except the newly introduced sub-rule 6 about divulging secret and security related information) violate multiple rulings of the Supreme Court and various High Courts which have, over the last 65 years, constantly held that pension is an employee’s right and a kind of deferred payment for service already rendered. It is not largesse or charity bestowed by the government and does not depend upon the discretion of the government (State of Punjab and Another vs Iqbal Singh).In DS Nakara vs Union of India (1983), the Supreme Court held that a law cannot discriminate between the same class of people, and that all statutes or laws must have some rational nexus with the object of the law. Rule 3, both the original and the amended versions, do not conform to these legal requirements. Pensioners are no longer government servants: they are free citizens of the country like any other citizen, with the same freedom of expression. By curbing this right under the specious guise of “good conduct” the government is discriminating against them and, therefore, also violating Article 14 of the Constitution. Furthermore, what is the “object” of this rule, if not to silence any form of criticism of the government? This cannot be held to be rational, reasonable or based on some valid principle, as is required in another judgment (Ramana Dayaram Shetty vs The Airport Authority of India and Others).Rule 3 has become obsolete: it is a legal anachronism which also militates against the right to freedom of speech and dissent. It makes pensioners bonded labourers for life, a separate-and inferior-class of citizens who do not enjoy the freedom of expression. It further seeks to impose the Conduct Rules (which apply only to those in service of the government) on pensioners through the back door, which is abhorrent in law, as the latter are no longer in service. They are free citizens and there exists no employer-employee relationship between them and the government.Rules governing conditions of service need to be dynamic and in sync with the changes in interpretation of laws, the evolution of jurisprudence on rights and freedoms, the development of the concepts of democracy and an open society. Rule 3 fails to do so, is stuck in a time warp and needs to go.The Constitutional Conduct Group urges the governments in the states and the union government to review this rule with a view to abolishing it, and not to further build upon it. In the interim we further request the union government to hold in abeyance these amendments in the interests of federalism, fair play, equality of citizens, freedom of expression and a vibrant democracy.SATYAMEVA JAYATEConstitutional Conduct Group (94 signatories)1.Anita AgnihotriIAS (Retd.)Former Secretary, Department of Social Justice Empowerment, GoI2.Anand ArniRAS (Retd.)Former Special Secretary, Cabinet Secretariat, GoI3.G. BalachandhranIAS (Retd.)Former Additional Chief Secretary, Govt. of West Bengal4.Vappala BalachandranIPS (Retd.)Former Special Secretary, Cabinet Secretariat, GoI5.Chandrashekar BalakrishnanIAS (Retd.)Former Secretary, Coal, GoI6.Sushant BaligaEngineering Services (Retd.)Former Additional Director General, Central PWD, GoI7.Rana BanerjiRAS (Retd.)Former Special Secretary, Cabinet Secretariat, GoI8.Sharad BeharIAS (Retd.)Former Chief Secretary, Govt. of Madhya Pradesh9.Aurobindo BeheraIAS (Retd.)Former Member, Board of Revenue, Govt. of Odisha10.Madhu BhaduriIFS (Retd.)Former Ambassador to Portugal11.Pradip BhattacharyaIAS (Retd.)Former Additional Chief Secretary, Development & Planning and Administrative Training Institute, Govt. of West Bengal12.Meeran C BorwankarIPS (Retd.)Former DGP, Bureau of Police Research and Development, GoI13.Ravi BudhirajaIAS (Retd.)Former Chairman, Jawaharlal Nehru Port Trust, GoI14.Sundar BurraIAS (Retd.)Former Secretary, Govt. of Maharashtra15.Maneshwar Singh ChahalIAS (Retd.)Former Principal Secretary, Home, Govt. of Punjab16.R. ChandramohanIAS (Retd.)Former Principal Secretary, Transport and Urban Development, Govt. of NCT of Delhi17.Rachel ChatterjeeIAS (Retd.)Former Special Chief Secretary, Agriculture, Govt. of Andhra Pradesh18.Kalyani ChaudhuriIAS (Retd.)Former Additional Chief Secretary, Govt. of West Bengal19.Gurjit Singh CheemaIAS (Retd.)Former Financial Commissioner (Revenue), Govt. of Punjab20.F.T.R. ColasoIPS (Retd.)Former Director General of Police, Govt. of Karnataka & former Director General of Police, Govt. of Jammu & Kashmir21.Anna DaniIAS (Retd.)Former Additional Chief Secretary, Govt. of Maharashtra22.Vibha Puri DasIAS (Retd.)Former Secretary, Ministry of Tribal Affairs, GoI23.P.R. DasguptaIAS (Retd.)Former Chairman, Food Corporation of India, GoI24.Pradeep K. DebIAS (Retd.)Former Secretary, Deptt. Of Sports, GoI25.Nitin Desai Former Chief Economic Adviser, Ministry of Finance, GoI26.M.G. DevasahayamIAS (Retd.)Former Secretary, Govt. of Haryana27.Sushil DubeyIFS (Retd.)Former Ambassador to Sweden28.A.S. DulatIPS (Retd.)Former OSD on Kashmir, Prime Minister’s Office, GoI29.K.P. FabianIFS (Retd.)Former Ambassador to Italy30.Suresh K. GoelIFS (Retd.)Former Director General, Indian Council of Cultural Relations, GoI31.H.S. GujralIFoS (Retd.)Former Principal Chief Conservator of Forests, Govt. of Punjab32.Meena GuptaIAS (Retd.)Former Secretary, Ministry of Environment & Forests, GoI33.Vivek HarinarainIAS (Retd.)Govt. of Tamil Nadu34.Siraj HussainIAS (Retd.)Former Secretary, Department of Agriculture, GoI35.Najeeb JungIAS (Retd.)Former Lieutenant Governor, Delhi36.Vinod C. KhannaIFS (Retd.)Former Additional Secretary, MEA, GoI37.Ish KumarIPS (Retd.)Former DGP (Vigilance & Enforcement), Govt. of Telangana and former Special Rapporteur, National Human Rights Commission38.Sudhir KumarIAS (Retd.)Former Member, Central Administrative Tribunal39.Subodh LalIPoS (Resigned)Former Deputy Director General, Ministry of Communications, GoI40.P.M.S. MalikIFS (Retd.)Former Ambassador to Myanmar & Special Secretary, MEA, GoI41.Harsh ManderIAS (Retd.)Govt. of Madhya Pradesh42.Amitabh MathurIPS (Retd.)Former Special Secretary, Cabinet Secretariat, GoI43.Aditi MehtaIAS (Retd.)Former Additional Chief Secretary, Govt. of Rajasthan44.Shivshankar MenonIFS (Retd.)Former Foreign Secretary and Former National Security Adviser45.Sonalini MirchandaniIFS (Resigned)GoI46.Sunil MitraIAS (Retd.)Former Secretary, Ministry of Finance, GoI47.Avinash MohananeyIPS (Retd.)Former Director General of Police, Govt. of Sikkim48.Satya Narayan MohantyIAS (Retd.)Former Secretary General, National Human Rights Commission49.Deb MukharjiIFS (Retd.)Former High Commissioner to Bangladesh and former Ambassador to Nepal50.Jayashree MukherjeeIAS (Retd.)Former Additional Chief Secretary, Govt. of Maharashtra51.Shiv Shankar MukherjeeIFS (Retd.)Former High Commissioner to the United Kingdom52.Gautam MukhopadhayaIFS (Retd.)Former Ambassador to Myanmar53.NagalsamyIA&AS (Retd.)Former Principal Accountant General, Tamil Nadu & Kerala54.Ramesh NarayanaswamiIAS (Retd.)Former Chief Secretary, Govt. of NCT of Delhi55.Surendra NathIAS (Retd.)Former Member, Finance Commission, Govt. of Madhya Pradesh56.P. Joy OommenIAS (Retd.)Former Chief Secretary, Govt. of Chhattisgarh57.Amitabha PandeIAS (Retd.)Former Secretary, Inter-State Council, GoI58.Maxwell PereiraIPS (Retd.)Former Joint Commissioner of Police, Delhi59.Alok PertiIAS (Retd.)Former Secretary, Ministry of Coal, GoI60.G.K. PillaiIAS (Retd.)Former Home Secretary, GoI61.R. PoornalingamIAS (Retd.)Former Secretary, Ministry of Textiles, GoI62.Rajesh PrasadIFS (Retd.)Former Ambassador to the Netherlands63.R.M. PremkumarIAS (Retd.)Former Chief Secretary, Govt. of Maharashtra64.T.R. RaghunandanIAS (Retd.)Former Joint Secretary, Ministry of Panchayati Raj, GoI65.N.K. RaghupathyIAS (Retd.)Former Chairman, Staff Selection Commission, GoI66.V.P. RajaIAS (Retd.)Former Chairman, Maharashtra Electricity Regulatory Commission67.P.V. RameshIAS (Retd.)Former Addl. Chief Secretary to the Chief Minister of Andhra Pradesh68.M. RameshkumarIAS (Retd.)Former Member, Maharashtra Administrative Tribunal69.K. Sujatha RaoIAS (Retd.)Former Health Secretary, GoI70.Satwant ReddyIAS (Retd.)Former Secretary, Chemicals and Petrochemicals, GoI71.Vijaya Latha ReddyIFS (Retd.)Former Deputy National Security Adviser, GoI72.Julio RibeiroIPS (Retd.)Former Adviser to Governor of Punjab & former Ambassador to Romania73.Aruna RoyIAS (Resigned) 74.A.K. SamantaIPS (Retd.)Former Director General of Police (Intelligence), Govt. of West Bengal75.Deepak SananIAS (Retd.)Former Principal Adviser (AR) to Chief Minister, Govt. of Himachal Pradesh76.G.V. Venugopala SarmaIAS (Retd.)Former Member, Board of Revenue, Govt. of Odisha77.N.C. SaxenaIAS (Retd.)Former Secretary, Planning Commission, GoI78.A. SelvarajIRS (Retd.)Former Chief Commissioner, Income Tax, Chennai, GoI79.Ardhendu SenIAS (Retd.)Former Chief Secretary, Govt. of West Bengal80.Abhijit SenguptaIAS (Retd.)Former Secretary, Ministry of Culture, GoI81.Aftab SethIFS (Retd.)Former Ambassador to Japan82.Ashok Kumar SharmaIFoS (Retd.)Former MD, State Forest Development Corporation, Govt. of Gujarat83.Ashok Kumar SharmaIFS (Retd.)Former Ambassador to Finland and Estonia84.Navrekha SharmaIFS (Retd.)Former Ambassador to Indonesia85.Avay ShuklaIAS (Retd.)Former Additional Chief Secretary (Forests & Technical Education), Govt. of Himachal Pradesh86.Sujatha SinghIFS (Retd.)Former Foreign Secretary, GoI87.Tara Ajai SinghIAS (Retd.)Former Additional Chief Secretary, Govt. of Karnataka88.Tirlochan SinghIAS (Retd.)Former Secretary, National Commission for Minorities, GoI89.A.K. SrivastavaIAS (Retd.)Former Administrative Member, Madhya Pradesh Administrative Tribunal90.Anup ThakurIAS (Retd.)Former Member, National Consumer Disputes Redressal Commission91.P.S.S. ThomasIAS (Retd.)Former Secretary General, National Human Rights Commission92.Geetha ThoopalIRAS (Retd.)Former General Manager, Metro Railway, Kolkata93.Ramani VenkatesanIAS (Retd.)Former Director General, YASHADA, Govt. of Maharashtra94.Rudi WarjriIFS (Retd.)Former Ambassador to Colombia, Ecuador and Costa Rica
