Supreme Court Asks Centre To Resolve Indian Forest Service Officers' Grievance Against IAS Officers Appraising Their Performance

The Supreme Court yesterday called upon the Union government to resolve the grievance of Indian Forest Service (IFS) officers with Indian Administrative Service (IAS) officers' preparation of their performance appraisal reports (PAR).

Highlighting a persisting conflict between the two cadres, Justice BR Gavai notably commented that IAS officers tend to show supremacy over IFS and IPS officers.

Responding to the same, Solicitor General Tushar Mehta said that there was no such "conflict" between the officers but the issue would be attempted to be resolved. "We will sit together...the government is really concerned...I will again sit with him (Amicus K Parmeswar) and we will find a way out so that the ultimate object is achieved...a way needs to be found", the SG said.

A bench of Justices Gavai and AG Masih was dealing with a challenge to the Madhya Pradesh government's order dt. June 29, 2024 introducing a new mechanism for PAR of forest officers, which stated that the work of Divisional Forest Officers, Conservators and Chief Conservators posted at the district level and involved in field activities such as those related to the forest rights act, land acquisition, ecotourism, or mining activities in forest areas will be appraised by District Collectors and Divisional Commissioners separately (by awarding number out of 10 along with remarks).

Briefly put, the grievance of the IFS officers is that IAS officers do not know the intricacies of forest conservation and wildlife protection steps taken by them. Further, the objectives of forest officials (conservation) may sometimes clash with those of the "revenue officials" (revenue maximization), especially when it comes to issues like mining rights. As such, a performance appraisal by IAS officers is likely to suffer from errors.

The Madhya Pradesh Indian Forest Service Association contended that involvement of IAS officers in the appraisal process is contrary to the Supreme Court's order that senior officials within the Forest Department shall carry out the evaluation. For context, vide an order in the TN Godavarman case (in the year 2000), the Supreme Court had ruled that the competent authority to write confidential report of forest department officers will be officers superior to them in the same service when posted in the field.

The Association has further asserted that inclusion of non-forest officers (like District Collectors and Divisional Commissioners) in the evaluation of forest-related work is legally and administratively unsound. It has highlighted that a situation may arise where senior officers posted on the field like chief conservator of forests are appraised by DCs (who are officers of junior rank in pay scale and grade).

As per the MP government however, its order was in compliance with existing laws, including the amended All India Services (Performance Appraisal Report) Rules of 2007. It is their case that District Collectors/Divisional Commissioners would contribute only additional reports on welfare schemes and not on core forest management duties.

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995