Chief Secretary Transfer Issue

In News

Recently, West Bengal chief secretary opted for superannuation instead of reporting to Delhi’s North Block as directed by central government order.

Background

• On May 28, the Department of Personnel and Training (DoPT) under the Ministry of Personnel directed that West Bengal Chief Secretary report to its office at North Block in Delhi on May 31. 
• The order came hours after the West Bengal Chief Minister allegedly skipped a review meeting on Cyclone Yaas with the Prime Minister.
• On May 31, the Chief Secretary resigned and later he was  appointed Chief Advisor to the Chief Minister for a period of three years.
• The 1987 batch IAS officer has never been on Central deputation and is to superannuate on May 31.
• Earlier, on the request of the State government, Centre had approved a three-month extension in service to the officer top most bureaucrat in the State.

Order from DoPT

• The order read that the Appointments Committee of the Cabinet (ACC) has approved the “placement of services” of the Chief Secretary under Rule 6(I) of the Indian Administrative Service (cadre) Rules, 1954 with the Government of India with “immediate effect.” 
• The rule says that a cadre officer may, with the concurrence of the State governments concerned and the Central government, be deputed for service under the Central government or 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.

Indian Administrative Service (cadre) Rules, 1954

• After the All India Services Act, 1951 came into existence, the IAS cadre rules were framed in 1954. 
• The said rule on deputation giving more discretionary powers to the Centre was added in May 1969.

Prevalent Practice for Deputation

• Concurrence is being taken: Before any officer of All India Services (AIS) is called for deputation to the Centre, his or her concurrence is required. 
• Procedure: 
  • The Establishment Officer in DoPT invites nominations from State governments. 
  • Once the nomination is received, their eligibility is scrutinised by a panel and then an offer list is prepared, traditionally done with the State government on board. 
  • Central Ministries and offices can then choose from the list of officers on offer. 
  • AIS officers are recruited by the Centre and they are lent to States. 
• Not on website: The publication of the offer list on DoPT’s website was discontinued by the government in 2018 amid reports that not many State government officers were willing to come to the Centre for deputation.

Action on refusing to comply with the order

• The All India Services (Discipline and Appeal) Rules, 1969 are not clear on the punishment in such cases. But Rule 7 says the authority to institute proceedings and to impose penalties will be the State government while he or she was “serving in connection with the affairs of a State.” 
• The Centre may ask the State to conduct an enquiry or, citing an exceptional case, can order an enquiry on its own. 
• The Chief Minister can write to the Centre to reconsider its decision. 
• The officer can take the plea that he was acting under the instructions of the Chief Minister.
• This case is peculiar as he retires on May 31 and is not on deputation to the Central government. 

Unprecedented Move

• Although the Centre holds ultimate control, there is also a custom that an officer will not be deputed against his/her own will. 
• This order is unilateral and an awkward step, unbecoming of the Central government specially after they gave due extension. 
• Thus, the current order is not only unprecedented but also vindictive.

Issues

• The unilateral orders to depute All India Services officials are legally untenable, historically unprecedented and to some extent, unconstitutional.
• The central government using the coveted posts such as Chief Secretary to play political vendetta is challenging the tenets of democracy.
• Such orders are against public interest and diminishes the public’s faith in the government of the day.

Earlier showdowns

• WEST BENGAL, 2019
  • In February 2019, the Home Ministry had written to the then West Bengal Chief Secretary calling for action against five IPS officers, including DGP, for allegedly taking part in a dharna organised by the Trinamool Congress against CBI raids. 
  • The Home Ministry had asked the state to withdraw medals conferred on the officers. 
  • The state government said no officer had taken part in the dharna.
• WEST BENGAL, 2020
  • In December, the Centre asked that three IPS officers who were in charge of security when BJP president’s motorcade was attacked outside Kolkata, allegedly by supporters of the Trinamool Congress, be sent on deputation with the Centre.
  • The state government refused, citing a shortage of IPS officers. 
  • The officers concerned were not relieved from the state and the Centre did not insist either. 
• TAMIL NADU, 2014
  • IPS officer was deputed to the CBI in 2014, but the Tamil Nadu government refused to release her, and suspended her when she defied the state’s order. 
  • However, the suspension did not apply because she had by that time already joined the CBI.

Way Forward

• The Chief Secretary is considered to be ‘a linchpin’ in the administration. Therefore, 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.
• The All India Services have the liability to serve both under the State and under the Centre which strengthens the unitary character of the Indian federation. Thus, the Centre should not fall prey to personal egos and narrow considerations and compromise the spirit of cooperative federalism.

Source: TH