Centre points show-cause discover to ex-Bengal chief secretary Alapan Bandyopadhyay


(This story initially appeared in on Might 31, 2021)

Although West Bengal chief secretary Alapan Bandyopadhyay on Monday opted to retire on the day of his superannuation, the ministry of personnel issued him a show-cause discover for not reporting to the department of personnel and coaching (DoPT) right here this morning, as directed by in Friday’s order putting his companies with the federal government of India.

In line with sources within the authorities of India, a chargesheet could also be issued towards the retired chief secretary adopted by disciplinary motion.

The show-cause discover despatched to Bandyopadhyay on Monday is alleged to have identified his failure to current himself on the DoPT workplace in North Block at 10 am on Monday, and requested why disciplinary proceedings shouldn’t be initiated towards him for having defied the Centre’s instructions in alleged violation of service guidelines.

Sources indicated that Bandyopadhyay can reply to the show-cause discover, explaining that he couldn’t report back to New Delhi on the appointed hour because the West Bengal authorities didn’t give clearance to his New Delhi journey.

“This is able to be a totally legitimate and acceptable clarification,” former secretary, personnel S Ok Sarkar instructed TOI on Monday. He added that for the reason that West Bengal authorities was Bandyopadhyay’s cadre controlling company, its approval was necessary for him to journey to New Delhi to report back to DoPT.

Central authorities sources indicated that disciplinary proceedings should still be initiated towards the retired chief secretary and a chargesheet served to him.

A authorities functionary mentioned: “The chief secretary’s retirement reveals that Mamata Banerjee is on the backfoot. She is aware of that the information of the matter are towards the chief secretary and this can be a final bid to avoid wasting him…Banerjee has finished an enormous U-turn in a matter of hours. From requesting the PM to verify the extension of chief secretary for three months, to retiring him now. However this transfer would not change something. Chargesheet will probably be issued and disciplinary motion will probably be taken towards Alapan Bandyopadhay”.

Disciplinary proceedings might be initiated towards an officer for as much as 4 years after his/her retirement, as per guidelines. Nonetheless, a senior bureaucrat argued that as per All India Services (Self-discipline and Attraction) Guidelines, 1969, the competent authority for issuing the chargesheet on this case can be the West Bengal authorities, because it by no means relieved Bandyopadhay.

But, some cite Rule 6(1) of IAS Cadre Guidelines to underline that the Centre’s phrase on deputation of an officer prevails within the occasion of any disagreements between the Centre and the state authorities involved.

The aggrieved officer can at all times escalate the matter to the Central Administrative Tribunal or the High Court.

Disciplinary motion, which should comply with due course of together with giving the officer a correct listening to, might contain a minor or main penalty. For an officer who has already retired, it might affect his post-retirement pension and different advantages.

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