West Bengal ex-CS Alapan Bandyopadhyay will get discover from MHA, faces as much as 1-yr jail


(This story initially appeared in on Jun 02, 2021)

The Union dwelling ministry late on Monday issued a discover to former West Bengal chief secretary Alapan Bandyopadhyay beneath the Disaster Management Act for failing to adjust to the Centre’s instructions to attend the overview assembly on Cyclone Yaas chaired by PM Modi in Bengal’s Kalaikunda final week.

Authorities sources stated the “offence” beneath Part 51(b) of the DM Act entails prison motion and offers for a most one-year jail time period upon conviction. The transfer, which is more likely to escalate tensions between the Centre and CM Mamata Banerjee, noticed MHA looking for a proof “in writing” from the ex-bureaucrat inside three days, as to why motion shouldn’t be taken in opposition to him for violating the DM Act.

Sources indicated if his clarification shouldn’t be discovered passable, registration of a prison case could possibly be the following plan of action. Pointing to Part 51 of the DM Act, 2005, which lays down penalties for many who refuse, with out affordable trigger, to adjust to a path given on behalf of the Centre or nationwide government committee (apex physique for catastrophe administration), the discover stated Bandyopadhyay had disobeyed binding instructions.

“By this act of abstaining himself (Bandhyopadyay) from the overview assembly taken by the prime minister, who can be the chairman of Nationwide Catastrophe Administration Authority (NDMA)… has acted in a fashion tantamount to refusing to adjust to lawful instructions of the central authorities” and had thus violated Part 51(b) of the DM Act, the discover stated.

On reaching Kalaikunda Air Force station for the scheduled overview with the chief minister and chief secretary, the PM waited for 15 minutes within the assembly room for officers of the state authorities to reach. “In view of the absence, chief secretary was referred to as by an official as to whether or not they wished to take part within the overview assembly or not… thereafter, chief secretary, authorities of West Bengal, arrived together with the chief minister contained in the assembly room and left thereafter instantly,” the discover stated.

An offence beneath Part 51 may even see most jail time period prolonged to 2 years the place the refusal to adjust to instructions has resulted in lack of lives or imminent hazard thereof.

Officers in Kolkata indicated that “a correct reply to this might be despatched in due time”. The unique assembly between the PM and the CM was not convened beneath the catastrophe administration legislation, they added. The Bengal CM, in a five-page letter to PM Modi on Monday, had talked about that any causal hyperlink between the “unconstitutional, unprecedented, vindictive” switch and the Kalaikunda developments can be “sacrificing public curiosity on the altar of misplaced priorities”.

Neither the Bengal authorities nor Bandyopadhyay reacted to the discover on Tuesday. Former state chief secretary Basudeb Banerjee stated Bandyopadhyay must “take authorized recommendation and reply to this himself”. “However this isn’t associated to his service situations and must be handled individually,” he added.

In the meantime, TOI has learnt that the department of personnel and training (DoPT), to whom Bandyopadhyay was directed to report first on Monday after which on Tuesday, might not provoke disciplinary motion since he retired on Monday, making the order asking him to report back to DoPT for placement of his providers on the Centre, null and void.

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