New Delhi: The Centre has issued a show-cause notice to Alapan Bandopadhyay, who retired as chief secretary in the West Bengal government on Monday, after the officer failed to report to the Home Ministry in New Delhi, said a senior government official.
"A show-cause notice has been issued by the Department of Personnel and Training (DoPT) to Alapan Bandopadhyay. He has been asked to give reason why action should not be taken against him for defying the Centre's order," said a source in the DoPT.
On May 28, the Department of Personnel and Training (DoPT) had directed Bandopadhyay to report at the Home Ministry.
Meanwhile, West Bengal Chief Minister Mamata Banerjee has written to Prime Minister Narendra Modi urging him to rescind the order and stated that the government of West Bengal cannot release and is not releasing its chief secretary at this critical hour on the basis of our understanding that the earlier order of extension issued after lawful consultation in accordance with applicable laws, remains operational and valid.
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In a communique to the West Bengal government, DoPT had on Friday said, "the Appointments Committee of the Cabinet has approved the placement of the services of Shri Alpan Bandopadhyay (IAS WB:1987) with Government of India as per provisions of rule 6(1) the Indian Administrative Service (cadre) rules, 1954, with immediate effect."
DoPT is the cadre controlling authority of IAS officers. Bandopadhyay, a 1987- batch IAS officer of West Bengal cadre, never been on Central deputation, was scheduled to retire on Monday after completion of 60 years of his age. However, he was granted a three-month extension following a nod from the Centre to work on Covid-19 management.
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A retired DoPT official on the condition of anonymity said, "Bandopadhyay retires on May 31 and is not on deputation of Central government. According to All India Service (AIS) Rules, the Centre cannot take any disciplinary action against IAS, IPS or IFS posted in their state cadres."
"Legally, Centre holds ultimate control in such matters but it is difficult for the government to force any officer against his will to come to the Centre," he added.
According to Rule 7 of the All India Services (Discipline and Appeal) Rules, 1969, "the State government, if he is serving in connection with the affairs of that State or is deputed for service in any company association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Government of that state, or in a local authorities set up by and act of the Legislature of that State. 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," according to the rule.
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