Relook at Centre-Bengal government row over chief secretary’s transfer
What do the rules and experts say regarding the order to call Alapan Bandopadhyay to Delhi even after granting him a three-month extension as Bengal chief secretary barely a week ago.
The Mamata Banerjee government and the Centre have been at loggerheads over the sudden transfer order of former Bengal chief secretary Alapan Bandopadhyay to Delhi. The matter got complicated further after Mamata asked the top bureaucrat to stay put and shot letters to the Centre, following which Alapan, who attained superannuation age in May and had received a three-month extension, was given a go-ahead to retire by the Bengal government.
The ongoing episode has raised certain questions on the rules surrounding the transfer of a senior official.
What happens when an officer doesn't report to the DoPT?
The officer concerned might be issued a showcause notice by the personnel ministry. A decision is taken on the basis of his response, and the matter regarding the official’s pension is decided only after the issues have been resolved.
There are provisions as per the All India Services (Discipline and Appeal) Rules, 1969 applicable to IAS officers for penalties that can be imposed in case the Centre decides to pursue the matter. The penalties can range from censure, withholding of promotion, withholding increments among others. A major repercussion might even be compulsory retirement and removal from service of the officer.
Controversy surrounding the latest order
There have been cases in the past where the willingness of the officer and/or the state government is sought, which makes this order unusual, especially because neither party was keen on the transfer. Further, the Appointments Committee of the Cabinet (ACC) granted the extension to the officer. The manner of its reversal, that too within a week, has created a flutter.
Bengal CM Mamata Banerjee refused to relieve the officer and wrote to Prime Minister Narendra Modi, urging him to rescind the May 28 order, which is yet to be cancelled. Meanwhile, Mamata announced that Bandyopadhyay has retired on Monday and appointed him as an advisor for three years, even as he was again asked to report to DoPT on Tuesday.
What experts say
Former IAS officer EAS Sarma told news agency PTI, “The IAS (Cadre) Rules no doubt empower the Centre to recall IAS officers from the state but such a recall should be based on justifiable grounds and for upholding the public interest. Even while taking such a decision, the Centre is required to hold prior consultation with the state and, in the event of disagreement, the Centre should cite the extraordinary circumstances that justify such a recall."
Even otherwise, the relationship between the Centre and the States should be one of cooperation, not confrontation, he added.
What the rule states
Rule 6 (1) of IAS (Cadre) Rules, 1954 mentions that all officers of IAS are allocated cadre which are state or group of states and Union territories. "A cadre officer may, with the concurrence of the state governments and the Centre, 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," Rule 6 (1) says.
"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," it says.
However, officials said that Rule 6(1) is vague and that there exists a grey area in it as it doesn't make consultation with the state government mandatory and leave it open to interpretation.