New Delhi: The Ministry of Home Affairs (MHA) is exploring legal options to initiate disciplinary actions against two senior Indian Police Service (IPS) officers who are posted in Kolkata over a complaint received from West Bengal Governor CV Ananda Bose.
Governor Bose, recently sent a report to the Home Ministry alleging that Kolkata Police Commissioner Vinit Goyal and Deputy Commissioner of Police (Central) Indira Mukherjee were functioning in a manner “completely unbecoming of a public servant”.
“Yes, the ministry has received a report over the two IPS officers from the West Bengal Governor. The ministry is exploring all legal options to initiate actions,” said a senior official to ETV Bharat.
Bose alleged that the two IPS officers have been engaged in misconduct and were functioning in an unbecoming of members of all-India services.
The official, however, said that MHA could not initiate action unilaterally against IPS officers serving in a state as the disciplinary authority competent to do so was the CM of the state concerned, as per rules governing All-India Services.
“Yes, the centre can’t take any unilateral actions against an all India service officer who is posted in a particular State,” said retired IPS officer Prakash Singh to this correspondent.
MHA, being the cadre-controlling authority can request a state government to initiate disciplinary proceedings as per service rules.
As per All-India Services (Conduct) Rules, 1968, and All-India and All-India Services (Discipline and Appeal) Rules, 1969, the disciplinary authority for a member of All-India Service including IPS who is serving under the state govt is the state govt itself.
“The Centre can ask the State government to initiate disciplinary proceedings. However, if the State government does not respond, centre can also ask for reports from the Home commissioner or the chief secretary for a report to initiate further actions,” said senior lawyer and constitution expert Satya Prakash Singh.
In the past also, there have been instances where the Centre has sought disciplinary action against officers, including former West Bengal chief secretary Alapan Bandyopadhyay and former Kolkata police commissioner Rajeev Kumar after they were allegedly found violating service rules.
Although they were summoned by the centre, the West Bengal government never relieved them.
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