Amid the BJP and TMC indulging in a confrontation over the Centre’s resolution to recall West Bengal chief secretary Alapan Bandyopadhyay to Delhi, former prime bureaucrats and authorized specialists say that the Centre might not be capable to implement its new order because the state authorities might refuse to launch Bandyopadhyay.
West Bengal Chief Minister Mamata Banerjee and Bandyopadhyay have been scheduled to attend a assessment assembly together with Prime Minister Narendra Modi to gauge the impression of cyclone Yaas in Bengal on Friday.
Nevertheless, Banerjee and Bandyopadhyay didn’t attend the assembly however entered the room from the place Modi was holding the assembly and submitted a report back to him on the damages attributable to the cyclone within the state, and sought a Rs 20,000 crore package deal for redevelopment of the worst-hit areas.
Quickly after the incident, the Centre issued a discover recalling Bandyopadhyay to Delhi.
Official sources in Delhi stated in such a case, the chief secretary might discover himself in a piquant state of affairs as administrative motion could also be taken in opposition to him if he refuses to just accept his central deputation on grounds that the state refused to alleviate him.
“The state might effectively ship a politely drafted reply to the order stating the All-India Service guidelines which govern such transfers,” stated Jawhar Sircar, a former secretary to the Authorities of India.
In line with rule 6(1) of the AIS on deputation of all India service officers, an officer on the rolls of a sure state could also be deputed to the Centre or one other state or a PSU with the concurrence of the involved state.
“In case of any disagreement, the matter shall be determined by the central authorities and the state authorities or state governments involved shall give impact to the choice of the central authorities,” the Indian Administrative Service (Cadre) Guidelines, 1954, point out.
It stays a gray space whether or not the central authorities’s writ will prevail provided that no consent was sought from West Bengal authorities, although the thumb rule in Centre-state relations is that the Centre normally prevails in case of battle of pursuits.
A number of retired and serving bureaucrats described it as an unprecedented state of affairs.
Nevertheless, Sircar and plenty of different senior bureaucrats additionally speculated that Bandopadhyay might select to retire as he’s presupposed to within the regular course on Could 31, as a substitute of accepting his extension and be appointed an advisor to the state authorities.
The chief minister on Saturday had appealed to “PM Modi to finish political vendetta, withdraw order recalling Chief Secretary Alapan Bandopadhyay, and permit him to work for the Covid-infected”.
BJP MLA and Chief of opposition within the West Bengal Meeting, Suvendu Adhikari, nevertheless, alleged at a digital press convention that the chief secretary had damaged protocol on the assessment assembly, and as per the Structure, the switch was truthful.
Sircar stated the West Bengal authorities might additionally search authorized treatments by means of the Central Administrative Tribunal or the Excessive Court docket, although the Centre was believed to have filed caveats in each the platforms.
“Apart from politics, the order issued by the Centre doesn’t stand the check of legislation because the central authorities didn’t receive the state’s approval or the officer’s willingness for central deputation,” stated a former secretary rating officer from the Indian Audit and Accounts Service.
Earlier, related unilateral orders transferring three IPS officers from West Bengal weren’t accepted by the state authorities. Just a few years in the past, Tamil Nadu had additionally equally refused to alleviate its Director Normal of Police when ordered to report back to Delhi.
One other former chief secretary of West Bengal stated “the operation of any proviso to a rule (which permits central directives to prevail) occurs solely after the substantive a part of the rule is given impact to, which is prior concurrence earlier than issuance of an order”, and added “these procedures have been clearly laid down. Any departure from this follow must be defined”.
Questioning the propriety of the choice to switch Bandyopadhyay, senior advocate Arunabha Ghosh stated that if the chief minister decides to not give the discharge order instantly, it could create a authorized complication.
Ghosh stated the chief secretary is underneath the direct management of the CM.
“The Centre can do it (switch Bandyopadhyay) underneath the rule, however there’s timing… Will an Military basic be eliminated in the course of a struggle?” he stated.
(With PTI inputs)
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