New Delhi:The Union Home Ministry (MHA) is mulling legal actions against five central service officers from West Bengal who defied central government instructions to be present in New Delhi.
Sources in the Home Ministry told ETV Bharat on Tuesday that the department is exploring all legal options for taking actions against West Bengal Chief Secretary, Director General of Police and three IPS officers.
It may be mentioned here that following the attack on BJP president JP Nadda's convoy in the state recently, Union Home Secretary Ajay Kumar Bhalla has asked Chief Secretary Alapan Bandopadhay and DGP Virendra for a meeting on Monday at North Block. The motive behind the call was to discuss the law and order situation of the state.
However, the state government in a communication has intimated to the centre that the officials will not be able to leave the state "owing to the prevailing situation."
The Ministry's call to three IPS officers Rajiv Mishra (IGP, South Bengal), Pravin Kumar Tripathy (DIG, Presidency Range) and Bholanath Pandey (SP, South 24 Paragona) for central deputation have also been rejected by the state government stating that there is a dearth of good officers in the state.
When contacted, senior IPS officer and former Uttar Pradesh DGP Prakash Singh said that though the centre has the prerogative to call central service officers from states "it depends on the concerned state government as far as relieving the official is concerned."
The Home Ministry argued that the state has no right in keeping the central service officers as DoPT and MHA is the cadre controlling authority of IAS and IPS officers.
"For the time being state may keep the officials engage with them but after a certain period the officials have to shift their base," said Singh.
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As per Rule 6 (1) of the Indian Police Service (Cadre) Rules, 1954 that talks about central deputation said 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 further said that if an officer is selected for a central posting and does not report either on his own or at the instance of the state government, he would be debarred for consideration for a post under the Government of India for a period of five years.
An action can be taken against any central service officer, if both Central and State Government agree collectively.
However, it is learnt that the home ministry is looking into all angles before taking any legal action against central service officers of West Bengal following the recent developments as it may pass on a negative signal to the IAS and IPS fraternity.
It may be mentioned here that in a similar incident where the Home Ministry intended to take action against the then Kolkata police commissioner Rajiv Kumar in February last year for taking part in a rally organised by the ruling party, the state government denied that the officer has taken part in any dharna.
Significantly, the recent developments assume much more significance following the fact that the state is going to witness State Assembly election early next year.
