Centre vs Bengal: What the rules say about WB Chief Secy's transfer

Bandyopadhyay will be working as chief advisor to Mamata Banerjee for a period of three years, as Centre reminds him to report to New Delhi

As Cyclone Yaas recedes, another political storm is brewing in West Bengal over former Chief Secretary Alapan Bandyopadhyay, who is now retired and will be working with the Mamata Banerjee government in the state as a chief advisor for a period of three years.

The Union Home Ministry slapped a show-cause notice on Alapan Bandyopadhyay under a stringent provision of the Disaster Management Act that entails imprisonment for up to two years for abstaining from a meeting presided by Prime Minister Narendra Modi related to Cyclone Yaas.

Here is all you need to know about the feud.

Read | West Bengal Chief Secy retires, appointed as chief adviser to CM Mamata Banerjee

What is the controversy around Bandyopadhyay?

The West Bengal government wrote to the Centre to extend the services of Bandyopadhyay by three months as he was at the intersection of the management of Cyclone Yaas and Covid-19 in the state. On May 24, the Centre granted the said extension to the Chief Secretary. However, four days later, hours after PM Narendra Modi's meeting with Chief Ministers of West Bengal and Odisha over the Cyclone Yaas review which kicked up a brouhaha, the Centre sought the reversion of the Chief Secretary to New Delhi.

In a communique to the state government, the Personnel Ministry on Friday said the ACC has approved the placement of the services of Bandyopadhyay with Government of India as per provisions of Rule 6(1) of the Indian Administrative Service (Cadre) Rules, 1954, "with immediate effect".

While asking the state government to relieve the officer with immediate effect, it also directed Bandyopadhyay to report to the Department of Personnel and Training, North Block, New Delhi by 10 am on May 31.

The officer did not report on Monday, following which another letter was issued in which the state government was advised to relieve him with immediate effect and he was directed to report to the DoPT, North Block, New Delhi by 10 am on June 1, 2021, officials said, citing details of the communiqué.

Why did the Centre recall Bandyopadhyay?

While the Centre's communique gives no specific reason for the reversion of its own order, it is being speculated by many, including Mamata, that this is a result of the review meeting of May 28, when the West Bengal CM did not attend the scheduled meeting with PM Modi as Leader of Opposition Suvendu Adhikari was present, too. Mamata clarified in a letter she wrote to PM on May 31, that she had pre-scheduled aerial reviews in the state that day which she reworked in order to meet him.

Bandyopadhyay and Mamata later met with Modi to hand over the full report and submitted proposals for relief funds worth Rs 20,000 crore.

Informing the Centre that she will not release the Chief Secretary, Mamata told PM that she hoped this transfer was not a response to the meeting or it would be "sad, unfortunate and would amount to sacrificing public interest at the alter of misplaced priorities".

Read | Centre vs Bengal: Chief Secy Bandyopadhyay issued show cause notice as row heats up

Does Centre's order stand legally?

Former IAS officer E A S Sarma said, technically speaking, the IAS (Cadre) Rules no doubt empower the Centre to recall IAS officers from the state but such a recall should be based on justifiable grounds and for upholding the public interest.

"Even while taking such a decision, the Centre is required to hold prior consultation with the state and, in the event of disagreement, the Centre should cite the extraordinary circumstances that justify such a recall," he is quoted as saying by PTI.

From the news reports available, it appears that the Centre has taken the decision in a unilateral and summary manner, Sarma said. "If it is so, the order issued by the Centre will not stand the test of legality," he said in a letter to the Prime Minister.

Can the Chief Secretary retire if he has already been given an extension?

The West Bengal government had written to the Centre for the extension, and it was approved by the Centre. But ultimately, it is at the discretion of the officer. If he or she wishes to retire, they may do so in spite of an order passed by the government they work with.

The chief minister's statement that her government has allowed Bandopadhyay to retire indicates that the state government is not utilising the Centres permission to grant the chief secretary an extension.

Whether Bandyopdhyay's retirement will be accepted by the Centre will, however, remain to be seen.

Home Secretary HK Dwidevi will be the new chief secretary and BP Gopalika would come in Dwivedis place, Banerjee said.

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What do IAS (Cadre) Rules, 1954 say?

According to the rules, a cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another state government.

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.

(With inputs from PTI)