Special Correspondent, Duranta TV:
Does a bureaucrat regain his full authority and the ‘IAS’ identity merely because he receives re-employment in a special government post after retirement? This question is increasingly being raised in public circles. The issue has also generated renewed debate within administrative and legal circles in Tripura. Legal experts and various judicial precedents clearly state that the active membership of an All India Service officer permanently ceases immediately upon retirement. After retirement, an officer may be re-employed under the government in a new contractual position for a temporary period, but he is no longer a serving IAS officer. Therefore, the use of only ‘IAS’ or ‘Retd. IAS’ after a person’s name on signboards, official documents, government records, or office doors is considered legally and administratively improper and misleading.
According to several senior administrative experts, if a retired officer identifies himself merely as ‘IAS’ in government documents, letterheads, official websites, office or residential nameplates, signboards, or before the public after retirement, it is considered illegal and contrary to the spirit of Article 18 of the Constitution. The reason is that the use of “IAS” creates an impression among ordinary citizens that the individual still holds full powers as a serving officer. To prevent such practices, several judicial rulings and administrative guidelines have been issued across the country. There have also been instances in India where punishment has reportedly been imposed after such allegations were established.
The Kerala High Court judgment and a controversy in Karnataka over the use of the IAS designation created considerable discussion throughout the country.
One of the most significant legal precedents in India was established in the Kerala High Court case ‘K.S. Premachandran Kurup vs. State of Kerala (2012)’. A retired IAS officer of the Kerala cadre, after being re-employed as a Director of a state-owned corporation, continued to use ‘IAS’ or ‘IAS (Retd.)’ on his official letterheads and even below his signatures.
The single bench of Justice S. Satheesachandran of the Kerala High Court and subsequently a Division Bench headed by the then Chief Justice clearly observed:
“Civil service is not an academic degree or a permanent social title. It is merely a service. Under the All India Services Rules, the use of ‘IAS’ or ‘IAS (Retd.)’ after retirement is inappropriate and amounts to conduct unbecoming of a retired officer.”
Article 18 of the Constitution of India states that the State cannot confer any title other than military or academic distinctions such as Doctor, Captain, Major, or Professor. Civil service is not a title; it is merely an employment. Therefore, there is no constitutional sanction for treating it as a permanent designation after retirement. Use of IAS or Retd. IAS after re-employment may attract imprisonment or fines.
Similarly, in 2015, retired Additional Chief Secretary of the Karnataka cadre, M.N. Vidyashankar, used the abbreviation ‘IAS (R)’ on his letterhead. The Karnataka Government strongly objected to this and referred the matter to the Law Department for legal action. Subsequently, following court directions, he was compelled to remove the IAS designation from his name.
According to a section of legal experts, there is no specific law in India that directly prohibits retired officers from writing ‘Retd. IAS’ or ‘Former IAS’ before their residences as a reference to their past service. However, if a retired or re-employed officer presents himself as a serving IAS officer or uses such identity to perform official acts, sign government notifications, or use the designation in legal matters, it may amount to a serious criminal offence. Such conduct may fall within the ambit of impersonation of a public servant under Section 170 of the Indian Penal Code, now corresponding to Section 204 of the Bharatiya Nyaya Sanhita (BNS).
In Tripura as well, despite retirement and repeated re-employment, Anindya Kumar Bhattacharjee and Pradip Kumar Chakraborty have allegedly continued to use the designation “IAS” after their names.
In such cases, two principal legal provisions and their corresponding penalties may become applicable.
If a retired officer presents himself as a serving IAS officer in order to obtain government benefits, sign official documents, or influence members of the public, it may constitute a punishable offence. Under Section 170 of the Indian Penal Code and the corresponding provisions of Section 204 of the Bharatiya Nyaya Sanhita, such conduct may amount to impersonation of a public servant.
Upon conviction, the accused may face imprisonment of up to two years, a monetary fine, or both.
If an officer knowingly uses “IAS” or “Retd. IAS” on his letterhead or visiting card to obtain personal or business benefits through misleading representation, he may also face charges of cheating under Section 420 of the IPC, corresponding to Section 318 of the BNS.
If it is proved that financial or other benefits were obtained through such deception, the punishment may extend to seven years of imprisonment along with substantial fines.
Article 18 of the Constitution further provides that the State cannot confer any permanent title other than military or academic distinctions. Therefore, civil service designations cannot be permanently attached to an individual’s name in the same manner as “Doctor” or “Professor.”
According to administrative practice, if a retired officer wishes to mention his previous position, the appropriate method is to clearly indicate his former designation in brackets or in a separate line. Examples include: “Former Secretary, Government of India (Retired),” “Former Chief Secretary, Government of Tripura (Retired),” or “Former Finance Secretary (Retired).”
In cases of re-employment, only the designation of the contractual position currently held—such as Adviser, Secretary, or Chairman—may legally be used.
The essence of Section 204 of the Bharatiya Nyaya Sanhita is that a person who is not the holder of a particular public office cannot present himself as occupying that office. Once P.K. Chakraborty or A.K. Bhattacharjee retired, their active membership of the IAS cadre ceased under the All India Services Rules. After re-employment, they may serve as contractual Secretaries, Special Secretaries, or in other capacities, but they are no longer serving IAS officers. Displaying “IAS” on a nameplate after retirement may amount to impersonation and may be treated as a serious offence.
Furthermore, under pension regulations, including the Death-cum-Retirement Benefits Rules, if such criminal misconduct is proved against a retired officer, the government may withhold or reduce his monthly pension, either partially or completely. Upon initiation of legal proceedings, the existing re-employment contract may also be terminated under the relevant provisions.
In the eyes of the law, a retired civil servant is no different from any ordinary citizen. Therefore, the practice of continuing to project oneself as a serving bureaucrat after retirement and exercising influence on that basis is an unethical tendency that requires immediate restraint. Otherwise, according to the relevant legal provisions, imprisonment in old age may become an unavoidable consequence.
Reliable sources indicate that legal proceedings in this matter are likely to be initiated soon.