Kolkata: Unprecedented. Undemocratic. Reeking with a political vendetta.
These words summarise the reactions of most former bureaucrats as well as leaders of West Bengal cutting across political lines on the issue of the Centre’s sudden decision to recall state Chief Secretary Alapan Bandopadhyay to Delhi.
The order had come barely three days after the Centre had allowed a three-month extension to the state’s top bureaucrat on an appeal from the Mamata Banerjee-led West Bengal government.
Former bureaucrat Ardhendu Sen had been the Chief Secretary of West Bengal and had successfully carried out his duties in 2010 during the tenure of then Chief Minister Buddhadeb Bhattacharjee.
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The 1976-batch IAS officer in an exclusive interaction with ETV Bharat said that the state government should knock the doors of the court on the Alapan Bandopadhyay-issue.
“This decision is unprecedented and should not have been made. I should say it will not stand in the court of law. The basic tenets of the law say all decisions and orders should be logical and backed by reasons. What cannot be explained by logic is not supported by law. Hence, it becomes illegal. In legal parlance, we frequently call it colourable excess of power. I feel that this decision (recall of the Chief Secretary) will be challenged in the court,” he said.
Another senior bureaucrat and former Prasar Bharati chief Jawhar Sircar has been equally critical about the Centre’s decision.
In a tweet, Sircar said, “Have Modi-Shah gone crazy? Just 1 working day left for West Bengal’s Chief Secretary Alapan Bandyopadhyaya to retire — they have transferred him to Delhi! CM wanted 3 months extra. It’s deliberate sabotage of Cyclone Relief, Covid Control+Revenge for 48% Bengal vote against BJP”
The former bureaucrat also said, if the Centre wanted to initiate any departmental action against the bureaucrat for non-compliance or otherwise, then it would not stand any ground.
“If any cadre officer has to be recalled or taken on deputation, then there is a process. The state concerned as well as the bureaucrat concerned has to be taken into confidence and certain clearances have to be taken. The bureaucrat here is the senior-most officer of the cadre in the state. The Centre is simply bulldozing itself here. The BJP had lost miserably in the recently concluded polls. They could not win by money or muscle. Now they are resorting to attacks on the democratic structure of the government. It is a clear case of vendetta,” said Sircar.
Read:|West Bengal govt likely to lock horns with Centre over top official's transfer
Another bureaucrat from the state, former Union Finance Secretary and former president of the IAS Association, Sunil Mitra said, he could not recall such a decision and expressed his anguish about such a decision by the Centre, when no name was sent to the Centre by the state government.
“Even if the Centre recalls some cadre officer, the state government concerned has full powers to decide if it wants to release the officer or not. While serving bureaucrats do not pay much heed to politics, but this decision with the West Bengal Chief Secretary is nothing but political vendetta,” Mitra told Etv Bharat.
Interestingly, section 6(1) of the Indian Administrative Service Cadre Rule, 1954, states that the Centre can recall any serving bureaucrat and by extending the services of Alapan Bandopadhyay, the Chief Secretary of West Bengal, the rule applies to him also. Though Alapan will not be a cadre officer during his extended services, yet he will be governed by the rules. But, the same 1954 rule states that the state government will be consulted before recalling any officer. The rule mentions that the officer concerned will also be discussed before being recalled. However, there is a provision in the rule, which says that if any state government concerned raises objections regarding the recall of the officer, the Centre can take an arbitrary decision and the state government has to abide by it.
This is where political leaders are strongly criticising the Centre’s decision. Senior lawyers like Bikash Ranjan Bhattacharya and Arunangshu Chakraborty have opined that the decision should be challenged in the Central Administrative Tribunal as well as the court. Another senior lawyer and Congress leader Arunava Ghosh told Etv Bharat that Alapan could surely refuse his extension.
“But, a government like this one at the Centre knows no limit to stoop low. If the Chief Secretary decides not to accept the extension, the Centre could again pull out something from its kitty to malign his career. This all happens if a bunch of half-wits and less literates try to run the country. This is the very reason that this Modi-government is fast losing its base among the literate population of India,” said a caustic Ghosh.
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Leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury said, “These are challenging times for all. The pandemic is raging across the country and the Chief Secretary is handling this delicate situation with his huge experience as a backup. This is all happening out of political vendetta and such a decision of recalling the Chief Secretary baffles all.”
Chief Minister Mamata Banerjee has urged the Centre to reconsider the decision of recalling Alapan Bandopadhyay during the present Covid situation.
