Further action soon against former Bengal chief secretary: Sources

New Delhi, June 04: The Centre has said that further action would be taken soon, following the reply by former West Bengal Chief Secretary, Alapan Bandopadhyay in response to the show cause notice.

The Centre has received the response to the notice served under the Disaster Management Act. Further course of action will be decided soon, sources tell OneIndia.

He had replied to the Centre's notice to explain his absence from the cyclone review meeting with Prime Minister Narendra Modi.

In his reply, Bandyopadhyay said that as per the directive of Chief Minister Mamata Banerjee, he left the meeting for a review of Cyclone Yaas ravaged Digha, a popular sea resort town in Purba Medinipur district, according to the highly-placed official in the secretariat. Ads by

If an officer in the rank of the IPS and IAS does not follow the order of the Department of Personnel and Training, then he or she may be issued with a show cause notice. The provisions of the All India Services (Discipline and Appeal) Rules 1969 applicable to the IAS officers for penalties. These can be imposed in case the Centre decides to pursue the matter. These penalties could include, withholding of pension, censuring and withholding of increments. The punishment could also include compulsory retirement and removal from service.

PTI while quoting former IAS officer, E A S Sarma said that the IAS 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.

While speaking of consultations, the rules do not make consultation with the State Government mandatory. According to Rule 6 (1) of the IAS (Cadre) Rules of 1954, a cadre officer may, with the concurrence of the state governments and the Centre, 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," the rules also say.

Amar Bhushan says that this clearly shows that an officer is bound by the rules and he or she is answerable. Consultation is never mandatory in such cases, he also says.