New Delhi: Will IAS Alapan Bandyopadhyay (IAS Alapan Bandyopadhyay) be chased out of the controversy over transfer after becoming Chief Advisor to West Bengal Chief Minister Mamata Banerjee soon after retirement? This question still remains there. Since the DoPT has given notice to Alapan Bandyopadhyay today, the question is now getting further strengthened that if the officer does not report to the DoPT (Department of Personnel and Training), what will be the situation?
What action can be taken?
According to experts, in such a situation, the Ministry of Personnel (Ministry of Personnel) can issue a show cause notice to the officer concerned and seek clarification from them. Further action will be decided on the answer and action will be taken for the entire pension only after the matter is resolved. The All India Service (Discipline and Appeal) Rules, 1969, applicable to IAS officers, have provisions for minor and strict punishment, which can be imposed by the Center on an officer. According to the rules, under Adverse Entry in Service Book, Prohibition on Promotion, Prohibition on Salary Increase and Pay Scale can be reduced.
Ministry is under PM Modi
Strict punishment includes compulsory retirement and expulsion from service. The Department of Personnel and Training is the cadre control authority for the Indian Administrative Service (IAS) under the Ministry of Personnel and Public Grievances. This ministry is under Prime Minister Narendra Modi and Jitendra Singh is the Minister of State in the Ministry.
Why is there a dispute over the order of the Center?
Actually this order is not common as the demand for the will of the concerned officer or the state government (or both) for central deputation is preferred. Neither the state government nor the officer has expressed such desire in this matter. Controversy has arisen between political reactions to the central government’s move. The service extended to the concerned officer was given by the Appointments Committee (ACC) of the Cabinet. But the way this decision was reversed within a week and two days before the scheduled retirement of the concerned officer, many parties have objected to it.
Asked to report again on Tuesday
West Bengal Chief Minister Mamata Banerjee has appointed Bandyopadhyay as Chief Advisor and on Monday wrote a letter to Prime Minister Narendra Modi, requesting the cancellation of the May 28 order. That order has not been canceled yet. Mamta announced that Bandopadhyay has retired on Monday and has been appointed as consultant for three years. Meanwhile, the officer has again been asked to report to the DoPT on Tuesday.
Has the ‘unilateral’ decision been taken?
In this regard, the former IAS officer EAS Sarma states that technically, under the IAS (Cadre) Rules, the Center certainly has the right to recall the IAS officers from the state, but such withdrawal is done on a reasonable basis and in public interest. Must be for He said that while taking such a decision, the Center needs to consult with the state and in case of disagreement, the Center should cite exceptional circumstances. Sarma said that it appears from the news reports that the Center has taken a ‘unilateral’ decision. He said in a letter to the Prime Minister, “If this is so, then the order issued by the Center will not meet the legal criteria.”
Conflict between the Center and the State?
EAS Sarma said that relations between the Center and the states should be collaborative rather than confrontational. Sarma, who served as Secretary in the Department of Economic Affairs in the Finance Ministry, said, “The Center should not fall prey to personal arrogance and narrow views and it should not compromise the spirit of cooperative federalism.” The framers of the Indian Constitution never thought that such situations would arise. Sarma, a 1965 batch IAS officer of Andhra Pradesh cadre, took voluntary retirement.