Dilip Cherian | As Govt Breaks Its Own Rules, Officer Posted At FCI Is Recalled
Governments are quick to invoke the rule of law but are less able to live by it.
The personnel and training department’s decision to overrule the food ministry’s decision to dismiss an FCI executive director is an example of this. DoPT quashed the suspension order, declaring that the order was not valid or did not exist legally. But he also said the ministry did not have the authority to publish it in the first place. This is clearly not a routine fix, sources told DKB.
Officer Ashutosh Joshi of the Indian Audit and Accounts Service is facing serious allegations over the alleged diversion of rice into the public distribution system in the Northeast. If the accusations are proven, he must face the consequences. But that’s not what’s being discussed. The question is whether a ministry can ignore the rules just because it wants to act quickly.
India’s civil service does not operate on administrative instinct. It operates according to a carefully defined power distribution. Officers belonging to organized Group ‘A’ services are under the disciplinary control of cadre control authorities. The purpose is to protect against arbitrary actions. If ignored, even a well-intentioned decision is in danger of procedural collapse.
Which makes this episode pretty weird. Did the ministry fail to check whether it had the legal authority to dismiss the officer? Or was speed considered more important than procedure? Neither possibility reflects well on the system.
Kerala High Court says following orders is no defense
An enduring myth is that babus merely carry out the wishes of the political executive. Governments may want to define the relationship this way. Certainly not as the Constitution sees it.
The sharp observations of the Kerala High Court in the K. Biju case remind us of an uncomfortable truth: an IAS officer cannot hide behind the government while exercising a legal power. If an order bears your signature, it must also bear your decision. Therefore, the court’s insistence on the “appropriate use of reason” is important.
Often controversial decisions appear as if they were collected elsewhere and simply signed by the officer concerned. Everyone understands how power works. Ministers decide and Babus executes. However, execution does not mean giving up on independent judiciary. The law expects government officials to ask whether an order is legal, justified and defensible.
Equally important is the court’s refusal to consider the unconditional apology as the end of the matter. Public administration cannot operate on “sorry” after the fact. If this becomes standard, accountability will become optional and due process will become negotiable.
This should resonate far beyond Kerala. Governments across India increasingly expect senior officials to defend decisions that push, and sometimes exceed, legal limits. Many comply, convinced that loyalty to the government of the day is part of the job. Not. While governments come and go, court decisions and official files outlast them. So a babu’s signature is very important.
Clearing UPSC is just the beginning
Every year, hundreds of thousands of young Indians pin their hopes on the UPSC exam. For the few who make it into the IAS, the popular perception is that the hard part is over. However, the RTI response from Lal Bahadur Shastri National Academy of Management tells a different story.
Twenty-four IAS probationers failed one or more subjects during training between 2021 and 2026. None were exported. They all cleared the papers eventually. Far from revealing a weakness in the system, these figures reveal one of its strengths.
Academia is not in the business of celebrating past achievements. It prepares future district judges, secretaries and policy makers. Clearing UPSC proves intellectual ability. It does not automatically equip a person to govern a territory, interpret laws, manage crises, or lead large teams.
That’s why education is important. More importantly, so are the reviews. A probationer struggling with an issue should be expected to learn, grow, and move on. The purpose of education is competence, not punishment.
In a country where exams are often seen as the finish line, IAS still recognizes that learning cannot end with a ranking list. It must continue in the classroom, on the field, and throughout a career.
We should feel relieved about this. We expect civil servants in India to make decisions that will affect millions. We can at least require them to continue to be tested before assuming this responsibility.
