Resigned IAS Officer still on Roll !
R S Gill
Jammu Tawi, Feb 20: The man who is detained in jail under the Public Safety Act in Jammu and Kashmir attributing the usual reasons – “his remaining at large will be danger to peace and public order” – is still an Indian Administrative Services Officer for all practical purposes. Over a year and a month now since he resigned, Mr. Shah Faesal continues as an IAS Officer with ID No. 01JK109I01 in J&K Cadre adoring at serial number 43 in the existing civil list of – IAS Officers of Jammu and Kashmir. The Website of J&K Government (jkgad.nic.in) says, “The Officer has submitted his Resignation, which has been forwarded to DOPT, GOI for acceptance.”
Interestingly, Mr. Faesal has intimated the Chief Secretary on January 04, 2019 about his intention to leave the service and formally announced his resignation on January on Jan 09, 2019.
However, Dr. Jitender Singh led ministry has not yet accepted his resignation. The Department of Personnel and Trainings, Government of India could not find time to complete the process of acceptance of his resignation despite the fact that the DOPT is headed by a local minister Dr. Jitender Singh, who day in and day out comments on anything and everything of J&K.
In the aftermath of scrapping of Article 370 and downgrading of J&K state into two Union Territories, Faesal tried to escape to Turkey on August 14, 2019 but was detained at IGI Airport, sent back to valley and later detained under Public Safety Act.
Faesal, who returned to J&K on January 02, 2019 after having availed the Fulbright-Nehru Master's Fellowship at Harvard Kennedy School under US-India Educational Foundation (USIEF) on public exchequer with pay and perks, blasted not only the government but the entire country with nasty remarks immediately after landing in the valley. His venomous salvos were contrary to what he expressed in a three-day pre-departure orientation programme at Delhi, “This scholarship will give me an opportunity to design and evaluate appropriate public policy interventions so that public expenditure can be linked to measurable outcomes and on returning home continue to work in the development sector.”
Govt. of India's DOPT website shows his complete particulars in current COMBINED GRADATION LIST OF IAS OFFICERS under allocation year 2010 at Sr. No 2025 and also showing Shah Faesal as ‘Serving' in his Executive Record Sheet (ER Sheet).
Faesal resigned from service on January 9, 2019 but he had earlier intimated the Chief Secretary of J&K Government about his decision on January 4, in his brief letter of intimation saying “that he wants to work towards peace-building.”
Faesal in his letter, however, has added that a formal letter of resignation would follow in which he would give in detail the reasons for tendering the resignation. On the social platform, he cited “unabated killings in Kashmir and lack of political outreach” by New Delhi and “Marginalisation of 200 million Muslims of India by Hindutva” as the reasons for quitting.
A retired IAS Officer from GAD said, “As per norms, a Civil Servant (IAS) has to inform the state Chief Secretary about the intent to resign. But the final accepting authority in the case is the Government of India and such resignations are normally accepted within reasonable time.”
A senior officer in GAD refused to comment on the issue saying he being not authorised to speak on the matter, but confirmed that while resignation has been forwarded to GOI, nothing has been heard on its acceptance till date. Government of India has directed the state government to initiate actions against him under All India (Discipline and Appeal) Rule, 1969. However, in his subsequent tweet Faesal fired back stating the service rules with a colonial spirit are invoked in a democratic country to stifle the freedom of conscience.
The IAS topper later formed a political party in the state and also campaigned for it. In routine, his resignation should have been accepted by now as he has declared himself unfettered by the service rules that could have prevented him from airing his views, but there is no word about acceptance of his resignation.
A highly placed source said the delay in acceptance of his resignation could be because an inquiry was going on against him for his unacceptable remarks made on the social media unbecoming of a Civil Servant. It is because, the source said if his resignation was accepted, he would be off the hook and no action could be taken against him. It is settled law that resignation will be effective only if accepted and communicated to the official who resign and till its acceptance, Shah Faesal is still an IAS officer without work and entitled to full salary, perks and all service benefits to be debited to the public exchequer for indecisiveness of the DOPT. May be something is cooking behind the scene or some undeclared plan of the Government behind the curtain.
