Is recommendation from MPs and MLAs for posting of officers valid?
The reply to an application filed under the Right to Information (RTI) Act has revealed that the Uttar Pradesh government doesn’t count the recommendations for posting of officers by MPs, MLAs and ministers as political influence.
The note-sheet in the government files procured in the RTI reply shows that former sales tax commissioner had recommended action against many sales tax officers under Rule 27 of Servants Conduct Rules, 1956 of the state government for attempting to get lucrative postings through political pressure.
However, instead of taking any action, the UP government made a novel interpretation that as MLAs and MPs make recommendations to the chief minister who forwards letters to the department, they should be considered official letters and don’t imply any political intervention. The government also stated that such recommendations might have been made without the concerned officer’s knowledge.
It is noteworthy that rule 27 of the Conduct Rules specifies that any such recommendation will be regarded to have the officer’s concurrence, unless proved otherwise. It can only be hoped that the other state / centre government does not follow the UP Government.