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Kolkata7 minutes ago
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State Chief Secretary Alapan Bandyopadhyay arrived late in the review meeting of Prime Minister Narendra Modi on Friday.
Again on Monday, there will be a situation of confrontation between the Central and West Bengal governments. In fact, the central government has asked the state’s chief secretary Alapan Bandyopadhyay to report to Delhi by 10 am on May 31. He arrived late to meet Prime Minister Narendra Modi on Friday to review the cyclone Yas. After this, orders were issued to call him to Delhi in the evening.
Retired senior bureaucrats and legal experts believe that the Central Government may have ordered the Chief Secretary to report to Delhi, but this may be difficult to implement. Relieving them comes under the purview of the state government. In such a situation, Mamata may refuse to send him to Delhi. Mamta had said a few days ago to extend the term of Bandyopadhyay to three months.
Difficult to transfer unilaterally to the center
According to Jawahar Sarkar, former Secretary to the Government of India, the state can politely drafted the order by citing All India Service Rules governing such transfers. It is difficult for the Center to unilaterally transfer an IAS or IPS officer who is not under its control and is working under another government of a federation.
According to Rule 6 (1) of the AIS on Deputation of All India Service Officers, an officer working in a state can be deputed to the Center, another state or PSU with the consent of the state.
State’s consent required for transfer
The Indian Administrative Service (Cadre) Rules, 1954, states that in case of any disagreement, the Central Government will take a decision on this. The concerned state government or state governments will implement the decision of the Center. The difficulty for the central government in Bandyopadhyay’s case is that it neither sought the consent of West Bengal nor Bandyopadhyay. It is considered necessary for such transfer.
The transfer order was seen as a sign of revenge for the Centre, when Mamata Banerjee on Saturday asked PM Modi to end the politics of political vendetta, withdraw the order to summon the Chief Secretary to Delhi and make him work for the Corona affected. Was appealed to be allowed to do.
The decision does not meet the test of law
BJP MLA and Leader of Opposition in West Bengal Legislative Assembly Shubhendu Adhikari has alleged that the Chief Secretary broke the protocol in the review meeting. According to the constitution, his transfer is correct. At the same time, according to the Jawahar government, the West Bengal government can also take legal remedies against it through the Central Administrative Tribunal or High Court. The Center is believed to have filed a warning on both platforms.
A former secretary level officer in the Indian Audit and Accounts Service says that apart from politics, the order issued by the Center does not stand the test of law as the central government did not ask for the state’s approval or the officer’s desire for central deputation. was. He told that instead the Center came up with a unilateral order, neither mentioning the new posts to be appointed to Bandyopadhyay nor how long his tenure will be.
There have been such disputes in the past as well
Earlier, the state government had not accepted the unilateral order for transfer of 3 IPS officers from West Bengal. A few years ago the Tamil Nadu DGP was also ordered to report to Delhi in a similar manner, but the state government refused to relive them.
Questioning the justification for Bandyopadhyay’s transfer, Senior Advocate Arunabha Ghosh said that if the Chief Minister does not immediately give a release order, it will create legal complexity. Ghosh said that the Chief Secretary works directly under the control of the Chief Minister. He said that the central government can transfer Bandyopadhyay under the rule, but its timing is a big issue. Will an army general be removed in the middle of the war?