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12 IAS officers demoted in Bihar

The state government has demoted 12 Indian Administrative Service officers to the Bihar Administrative Service, following a Central Administrative Tribunal directive.

They will subsequently be retired, as the retirement age of IAS officers is 60 and that of state service is 58.

The Patna high court and Supreme Court upheld the CAT ruling.

The officials were promoted from the Bihar Administrative Service. Since the appointment procedure was violated, some BAS officials, who were denied promotion, moved the CAT.

The selection committee, constituted to select state civil service officers for the IAS through promotion, had at a meeting in March 1997 short-listed 60 officers against 51 vacancies for 1994-95, 1995-96 and 1996-97. Instead of making the select list in accordance with the year-wise vacancies, the committee prepared a combined list.

As per prescribed rules, the officer to be promoted must be below 54 years on the cut-off date. But 15 officials were over-age.

Three of the 15 promoted IAS officers had retired in the last few months following attainment of 60 years. The state government thus demoted the other 12.

All have crossed 58, so they will be immediately retired and the state government will recover the extra amount paid to them as salaries and perks.

The CAT, however, questioned the list. In an order in January 1998, it said that the combined select list could not be sustained in law and directed the authorities to prepare separate year-wise lists. The high court and SC upheld the CAT ruling.

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