Gazette notification vs army order

pankaj (Querist) 30 March 2012 This query is : Resolved
Sir i just wanted to know if the gazette notification issued by ministry of home affairs regarding IPS limited competitive exam by UPSC be used to challenge any ARMY ORDER the bars its officers to aaply in the said exam.

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Deepak Nair (Expert) 30 March 2012
Unclear query....???

Guest (Expert) 30 March 2012
Your efforts, if you make, would go totally waste. Gazette notification does not provide any madate for the Army to compulsorily grant permission or forward the applications of the applicants to UPSC for the limited competitive exam for IPS.

To permit or not to permit any employee to apply for some other job is the prerogative of the employer.

However, for career development and motivation purposes for the Indian Army jawans, Army authorities should not withhold any such permission.

Shonee Kapoor (Expert) 30 March 2012
I concur with Ld. Dhingra. Though it is not your right.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Dr J C Vashista (Expert) 01 April 2012
I agree with Mr. Dhingra.
However, army authorities do encourage Short service officers to take UPSC exams.

Sudhir Kumar, Advocate (Expert) 05 April 2012
He is not coming with full facts as understood by Dr JC Vasshishta. He is not asking the query for SSC Officers.

The query can be understoood as under.

(i) The Govt has right to frame service conditions for every service and the service conditions of "X" service is not binding on the department running "Y" service.

(ii) The DOPT is the nodal agancy for framing service conditions for IAS/IPS examination and they can issue any notification laying downthe procedure of application as well as procedure for selection. This power amentates from Article 309. But this continues to be a subordinate legislation.

(iii) The power to frame service conditions of Army personnel is vested with Min of Def, although not from Article 309 but certainly not out of air. Ministry and Army HQ get such powers from the Army Act which is a proper legislation of the Parliament and deriving powers thereunder the Army Rules have been framed and dering powers from such rules various letters and Army Orders are framed.

(iv) No need to say that the resignation is not a right rather concession in case of persons covered under Army Act and the Authorities have powers to withhold resignation intended to accept any outisde job which was not applied for hy following the procedure followed by Army Authorities.

(v) In case any such application is made direct and another Govt job is secured without informing the previous employer (as required by UPSC) then for remaining part of his career the persons renders himself opne for disciplinary action in new job. In case such job happens to be IAS or IPS then someone aggreived by the decision of such officer is bound to exploit this weak point.

(vi) Even in case of a civilian he applies for UPSC examination under intimation to the department and department has a right to object to his candidature withing stipulated time. In such case if department does not raise any objection the there is no right of the department to withhold technical resignation.However, if he does not follow the procedure the department may (or may not) allow technical resignation at all.

Now it is open to you to decided whether to challnage Amry order. No doubt it is merely a circular given a distinct No and printed for convenience of reference.

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