The Centre has issued a show-cause notice to former West Bengal chief secretary Alapan Bandopadhyay and is likely to initiate disciplinary proceedings against him for defying the order asking him to report to Delhi on Monday, an official familiar with the matter said.
“Suitable action is being contemplated by the department against the official for defying the DoPT [department of personnel and training] order,” said the official, requesting anonymity.
West Bengal chief minister Mamata Banerjee appointed Bandopadhyay as her chief adviser after allowing him to retire on his last working day on Monday while attacking Prime Minister Narendra Modi over his transfer.
Bandyopadhyay, a 1987-batch Indian Administrative Officer, was granted a three-month extension but he declined it. The Centre last week recalled him hours after Banerjee skipped a scheduled meeting on Cyclone Yaas with Modi.
Also Read | Mamata uses Sholay dialogue to attack Centre, urge other CMs to unite
In a second letter to Bandopadhyay, DoPT cited the Indian Administrative Service (Cadre) Rules, 1954, to recall the officer to the Centre. It asked the state government to relieve the officer with immediate effect with “directions to report to the DoPT by 10am on June 1”. HT has seen the letter dated May 31.
{{/usCountry}}In a second letter to Bandopadhyay, DoPT cited the Indian Administrative Service (Cadre) Rules, 1954, to recall the officer to the Centre. It asked the state government to relieve the officer with immediate effect with “directions to report to the DoPT by 10am on June 1”. HT has seen the letter dated May 31.
{{/usCountry}}According to the rules, an officer on the rolls of a state may be deputed to the Centre or another state or a Public Sector Undertaking with the concurrence of the concerned state. “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,” say the rules.
On May 31, Banerjee wrote to Modi over the “unilateral order” to release Bandopadhyay on the day of his superannuation. “The unilateral order comes without any prior consultation with the government of West Bengal, without any volition/option of the officer, without meeting any of the pre-conditions of the Indian Administrative Service (Cadre) Rules, 1954 and other applicable laws under reference. The unilateral order/directive is legally untenable, historically unprecedented and wholly unconstitutional,” she wrote.
“The government of 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.”