Explained | Is the order attaching West Bengal Chief Secretary unprecedented?
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What is the rule cited by the Department of Personnel and Training? What has been the observe to this point?
On May 28, the Department of Personnel and Training (DoPT) beneath Ministry of Personnel directed that West Bengal Chief Secretary Alapan Bandyopadhyay report back to its workplace at North Block in Delhi by 10 a.m. on May 31. The order got here hours after West Bengal Chief Minister Mamata Banerjee allegedly skipped a evaluate assembly on Cyclone Yaas with Prime Minister Narendra Modi at Kalaikunda. Ms. Banerjee has refuted the allegation saying she handed over an in depth report on cyclone to the Prime Minister and after looking for his permission thrice, she proceeded to a different assembly at Digha with Mr. Bandyopadhay.
The order learn that the appointments committee of the Cabinet has permitted the “placement of services” of Mr. Bandyopadhyay as per provisions of the Indian Administrative Service (cadre) Rules, 1954 with the Government of India with “immediate effect.” The ACC is headed by the Prime Minister, and Home Minister Amit Shah is the different member.
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The 1987 batch IAS officer has by no means been on Central deputation and is to superannuate on May 31. Earlier, on the request of the State authorities, Centre had permitted three-month extension in service to the officer prime most bureaucrat in the State.
What is the rule cited by DoPT ?
The DoPT order stated that the ACC has permitted Mr. Bandyopadhyay’s switch to Delhi beneath Rule 6(I) of the IAS (cadre) Rules, 1954. The stated rule pertains to “deputation of cadre officers.”
It says {that a} cadre officer could, with the concurrence of the State governments involved and the Central authorities, be deputed for service beneath the Central authorities or one other State authorities. It nonetheless provides, “provided that in case of any disagreement, the matter shall be decided by the Central government and the State government or State governments concerned shall give effect to the decision of the Central government.”
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When have been the guidelines framed?
After the All India Services Act, 1951 got here into existence, the IAS cadre guidelines have been framed in 1954. The stated rule on deputation giving extra discretionary powers to the Centre was added in May 1969.
What has been the observe to this point?
Before any officer of All India Services (AIS) is known as for deputation to the Centre, his or her concurrence is required. The Establishment Officer in DoPT invitations nominations from State governments. Once the nomination is obtained, their eligibility is scrutinised by a panel after which a proposal listing is ready, historically carried out with the State authorities on board. Central Ministries and workplaces can then select from the listing of officers on supply. AIS officers are recruited by the Centre and they’re lent to States. The publication of supply listing on DoPT’s web site was discontinued by the authorities in 2018 amid experiences that not many State authorities officers have been keen to return to Centre for deputation.
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Is the present order considered one of its variety?
According to Vappala Balachandran, former Special Secretary, Cabinet Secretariat, the order just isn’t solely “unprecedented” but in addition vindictive.
“Legally speaking it is the Centre that holds ultimate control. But there is also a custom that an officer will not be deputed against his/her own will. This order is unilateral and an awkward step, unbecoming of the Central government specially after they gave due extension. This officer superannuates on May 31, if he refuses to join, can the Centre exercise its right on a retired officer? Mr. Balachandran noted.
Earlier in December 2020, the Home Ministry had attached three Indian Police Service (IPS) officers of West Bengal cadre — Rajeev Mishra, Praveen Kumar Tripathi and Bholanath Pandey — but the State government did not relieve them. The attachment order came after the cavalcade of Bharatiya Janta Party (BJP) president J.P Nadda was attacked in Diamond Harbour area. Home Ministry is the cadre controlling authority of IPS officers.
What if the officer refuses to comply with the order?
The All India Services (Discipline and Appeal) Rules, 1969 are not clear on the punishment in such cases. But Rule 7 says the authority to institute proceedings and to impose penalty will be the State government while he or she was “serving in connection with the affairs of a State.” The case is peculiar as Mr. Badyopadhyay retires on May 31 and isn’t on deputation to the Central authorities. The Chief Minister can write to the Centre to rethink its determination. Ms. Banerjee stated at a press convention on Saturday that she was requesting the Central authorities to withdraw the order. The Centre could ask the State to conduct an enquiry or citing an distinctive case can order an enquiry by itself, stated a authorities official. The officer can take the plea that he was appearing beneath the directions of the Chief Minister.
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