The Centre has clarified that there is no ban on IAS or IPS officers from filing Public Interest Litigation (PIL) in the court.
According to a RTI information by Department of Personnel and Training (DOPT), Government of India has revealed that there is no provision in the All India Services (Conduct) rules 1968 that prohibits an IAS or IPS officer from filing PIL before the Court.
In a PIL filed by UP cadre IPS officer Amitabh Thakur, Allahabad High Court had directed to formulate policy as regards government servants filing PILs.
Amitabh Thakur had sought information from the DOPT about the compliance of the High Court order.
The IPS officer in a statement here today said that the DOPT notesheet clearly states that there is no restriction to file PIL. It also mentions the case of V S Pandey where the Supreme Court has upheld the right of public servants to file PILs.
Yet, in order to have a balance between right to judicial remedy and its adverse effect on public service, DOPT is thinking of a policy of public servants taking permission to file PILs, while also worrying on why an affected authority grant permission against itself.