Centre vs Bengal: MHA has final word on deputation of IPS officers
New Delhi, Dec 13: The Centre has asked three senior IPS officers who were in charge of security when BJP national president, J P Nadda's motorcade came under attack in Bengal, be sent on deputation with the Government of India.
The West Bengal government has refused citing a shortage of IPS officers in the state. However according to the Indian Police Service (Cadre) Rules, the Centre has the final word in a dispute with a state over the deputation of police officials to the Centre.
Rule 6(1) of the Indian Police Service (Cadre) Rules 1954 amended in 1969 states that a cadre officer may, with the concurrence of the State Government or State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government.
However in 1985, a line was added stating that in case of any disagreement the matter hall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.
The IPS deputation policy says that the two way movement of officers from State to Centre and back is of mutual benefit to states and the Government of India on the one hand and to the officers concerned on the other.
The policy also says that every state cadre provides for central deputation quota and utilisation of that quota is an important factor governing the scale at which officers are borrowed from the various state cadres of the service.
In the current case, Home Ministry sources say that they have sought the concurrence of the state government by December 15. However if the state does not respond by December 15 then the same would be considered as concurrence granted.