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Friday, June 18, 2021

Centre vs states: how IAS officers are put on central deputation

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On Tuesday, West Bengal Chief Secretary Bandyopadhyay, an IAS officer of the 1987 batch, was because of start an extension of three months after retiring on Monday. As a substitute, the Centre has requested him to report on Monday and be part of the Authorities of India. What are the principles for central deputation, and what might occur now?

The tussle

On Could 25, the West Bengal authorities issued an order, citing the Centre’s approval dated Could 24, “within the curiosity of public service, to increase” Bandyopadhyay’s providers for 3 months. However, on Could 28, the Division of Personnel and Coaching (DoPT) wrote to the Chief Secretary that “the Appointment Committee of the Cupboard has authorized the position of the providers” of Bandyopadhyay with the Authorities of India with “rapid impact” and requested the state to alleviate the officer with rapid impact and direct him to report by 10 am on Could 31.

This got here after Chief Minister Mamata Banerjee and Bandyopadhyay skipped a gathering with Prime Minister Narendra Modi throughout his go to to the state.

How officers get an extension

Rule 16(1) of DCRB (Loss of life-cum-Retirement Profit) Guidelines says that “a member of the Service coping with finances work or working as a full-time member of a Committee which is to be wound up inside a brief interval could also be given extension of service for a interval not exceeding three months in public curiosity, with the prior approval of the Central Authorities”. For an officer posted as Chief Secretary of a state, this extension could be for six months.

Central deputation

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In regular follow, the Centre asks yearly for an “provide record” of officers of the All India Companies (IAS, IPS and Indian Forest Service) prepared to go on central deputation, after which it selects officers from that record. Rule 6(1) of the IAS Cadre Guidelines says an officer might, “with the concurrence of the State Governments involved and the Central Authorities, be deputed for service underneath the Central Authorities or one other State Authorities…” It says “in case of any disagreement, the matter shall be determined by the Central Authorities and the State Authorities or State Governments involved shall give impact to the choice of the Central Authorities.”
In a PIL within the Supreme Courtroom in January this 12 months, lawyer Abu Sohel pleaded that Rule 6(1) be struck down. He contended that due to the Rule, states need to bear the brunt of arbitrary actions taken by the Centre, whereas the Rule makes it tough for the Centre to implement its will on a state that refuses to again down. Ruling on March 1, a Bench of Justice L Nageswara Rao and Justice S Ravindra Bhat didn’t discover any advantage within the petition.

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Earlier showdowns

WEST BENGAL, 2019: In February 2019, the Dwelling Ministry had written to then West Bengal Chief Secretary Malay Kumar De calling for motion in opposition to 5 IPS officers, together with DGP Virendra, for allegedly participating in a dharna organised by the Trinamool Congress in opposition to CBI raids. The Dwelling Ministry had requested the state to withdraw medals conferred on the officers. The state authorities stated no officer had taken half within the dharna. To seek out out what motion, if any, was taken in opposition to the 5 officers, The Indian Specific filed an RTI with the Dwelling Ministry, which replied on January 8, 2021: “The queries are obscure/hypothetical in nature which isn’t lined” underneath the RTI Act. On one other RTI, the MHA replied on December 30, 2020: “No awards/medals have been withdrawn” in opposition to any IPS officers since January 1, 2019.
WEST BENGAL, 2020: Final December, the Centre requested that three IPS officers who had been in command of safety when BJP president J P Nadda’s motorcade was attacked outdoors Kolkata on December 10, allegedly by supporters of the Trinamool Congress, be despatched on deputation with the Centre. The state authorities refused, citing a scarcity of IPS officers. The officers involved weren’t relieved from the state and the Centre didn’t insist both. The officers — Rajeev Mishra (then Extra Director Normal, South Bengal), Praveen Tripathi (then Deputy Inspector Normal, Presidency Vary) and Bholanath Pandey (then SP, Diamond Harbour) — proceed to serve within the state authorities, in new positions.

TAMIL NADU, 2001: A month after J Jayalalithaa took oath as Chief Minister in 2001, Tamil Nadu police’s CB-CID raided former Chief Minister M Karunanidhi’s house on the evening of June 29 and arrested him alongside along with his DMK colleagues Murasoli Maran and T R Baalu, then ministers within the NDA authorities of A B Vajpayee. The next month, the Centre requested the state authorities to ship three IPS officers on central deputation. However Jayalalithaa refused, and wrote to different Chief Ministers for his or her help to guard the rights of the states. The incident resulted within the removing of Governor M Fathima Beevi, because the Centre was not completely satisfied along with her report.
TAMIL NADU, 2014: IPS officer Archana Ramasundaram was deputed to the CBI in 2014, however the Tamil Nadu authorities refused to launch her, and suspended her when she defied the state’s order. Nevertheless, the suspension didn’t apply as a result of she had by that point already joined the CBI.

What subsequent

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The Centre can take no motion in opposition to civil service officers who’re posted underneath the state authorities. Rule 7 of the All India Companies (Self-discipline and Enchantment) Guidelines, 1969, states that the “authority to institute proceedings and to impose penalty” would be the state authorities if the officer is “serving in reference to the affairs of a state…” For any motion to be taken in opposition to an officer of the All India Companies, the state and the Centre each must agree. Bandyopadhyay didn’t reply to queries despatched by The Indian Specific.
Sources within the DoPT, the cadre-controlling authority for the IAS, cite numerous choices earlier than Bandyopadhyay:
* He declines the extension, retires on Monday and skips the central deputation;
* He continues on extension as Chief Secretary, which might preserve open the potential of disciplinary strikes from the Centre that would have an effect on his retirement advantages;
* He reviews to the Centre on Monday and continues his extension time on central deputation.

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