West Bengal chief secretary Alapan Bandyopadhyay could face disciplinary action for not joining on central deputation, as ordered by the union government. Bandyopadhyay was ordered to report to the Department of Personnel and Training (DoPT) by 10 am on Monday, but the chief secretary continued with his meetings in Kolkata. Reacting to the development, union government officials told News18, “DoPT is likely to initiate disciplinary proceedings if the Bengal CS does not join on central deputation, as ordered.”
Bengal chief minister Mamata Banerjee wrote to Prime Minister Narendra Modi, stating that she was “shocked and stunned” by the “unilateral order” asking Bandyopadhyay to report to the Centre. “The government of Bengal cannot release, and is not releasing, its Chief Secretary at this critical hour, on the basis of our understanding that the earlier order of extension, issued after lawful consultation in accordance with applicable laws, remains operational and valid,” she wrote on Monday. “I am sure you will not inflict further suffering on the people of this state by taking away the services of an experienced officer, suddenly without any consultation and with no prior notice, whose continued presence in my state in these difficult times was accepted to be vital and necessary by your government four days back.”
The union government issued an order on May 28 to recall the chief secretary from the state hours after Banerjee skipped a meeting with the PM to assess the impact of Cyclone Yaas in Bengal, escalating an ongoing tussle between her Trinamool Congress government and the Bharatiya Janata Party at the Centre. The leaders had a brief interaction, their first since the fiercely fought assembly elections in April-May that saw the TMC win a third consecutive term. Bandyopadhyay’s tenure was extended for three months only four days before the incident.
Rajya Sabha lawmaker from the TMC and advocate Sukhendu Sekhar Ray criticised the Centre’s latest move. “In absence of any proposal from Centre for ‘concurrence’ of the State under Rule6(1) of IAS Cadre Rules,1954, the unilateral order for placement of Chief Secretary of Bengal in Central Service is arbitrary, vexatious and ex facie illegal. This requires to be deprecated, cancelled,” he tweeted on Monday.
The Centre cited Rule 6(1) of the IAS Service Rules to order the bureaucrat to join on deputation. The rule cited by the DoPT order states: “A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government.”
It adds that in case there is a disagreement between the Centre and the state on the issue of deputation of an officer, the Centre’s view will prevail.
Options before Centre
1. Withdraw extension: Alapan Bandyopadhyay was given a 3-month extension till August 31. He is due for retirement on May 31 if the extension order is withdrawn. The extension was proposed by the West Bengal government and approved by the union government on May 24.
Rule 16(1) of DCRB (Death-cum-Retirement Benefit) Rules says that “a member of the Service dealing with budget work or working as a full-time member of a Committee which is to be wound up within a short period may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government”. For an officer posted as chief secretary of a state, this extension can be for six months. The West Bengal government had cited the Covid pandemic and Cyclone Yaas as reasons for the extension for Bandyopadhyay. The chief secretary on Monday took meetings in the state secretariat on these issues and gave no indication of travelling to Delhi as ordered by the Centre.
North Block officials who spoke to News18 on condition of anonymity said one option is to withdraw the approval given for the extension. “The process of seeking legal opinion began on Sunday itself,” they said.
2. Show-cause notice: The other option being considered is sending a show-cause notice to Alapan Bandyopadhyay, asking why action should not be taken against him for violating orders.
However, officials said Bandopadhyay could respond that he has not been relieved by the state, and hence he cannot join at the Centre. Retired IAS officers also pointed out that an officer on the verge of retirement can argue in response to a show-cause notice that he is unable to shift base at such a juncture.
Precedents
This isn’t the first time that a state and the Centre have got into a tussle over the deputation of officers.
Tamil Nadu, 2001: Three IPS officers— then Chennai police commissioner K Muthukaruppan, joint commissioner Sebastian George, and deputy commissioner Christopher Nelson— were ordered to join on central deputation after former chief minister M Karunanidhi’s home was raided on the night of June 29. The former CM, DMK leaders Murasoli Maran and TR Baalu were arrested.
The Atal Bihari Vajpayee government called the IPS officers to the Centre but chief minister J Jayalalithaa refused to release them. The three officers retired from the state.
Tamil Nadu, 2014: IPS officer Archana Ramasundaram was deputed to the Central Bureau of Investigation in 2014, but the Tamil Nadu government refused to release her. The officer had consented to join the Centre so the Tamil Nadu government suspended her when she defied the state’s order. However, the suspension did not apply because she had by then already joined the CBI.
West Bengal, 2019: Former Kolkata police commissioner asked to join MHA on central deputation by the election commission. The officer abided by the order which was seen as a censure for his failure to prevent violence at an Amit Shah rally.
West Bengal, 2020: In December, the Centre asked that three IPS officers —Bholanath Pandey (then SP, Diamond Harbour), Praveen Tripathi (then DIG, Presidency Range) and Rajeev Mishra (then ADG, South Bengal) — join Bureau of Police Research and Development, Sashastra Seema Bal and Indo-Tibetan Border Police respectively after they allegedly failed to prevent an attack on BJP president JP Nadda’s convoy. The three officers continue to serve in the state.
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