Centre pressurising Alapan Bandhopadhyay: TMC on `penalty proceedings` against ex-Bengal chief secretary

The Department of Personnel and Training had on Monday confirmed that the Centre has proposed to hold major penalty proceedings against Alapan Bandopadhyay, who was recently appointed advisor to Chief Minister Mamata Banerjee.

Kolkata: West Bengal’s ruling Trinamool Congress party on Tuesday slammed the Centre for initiating a major ''penalty proceedings'' against Alapan Bandopadhyay, the former Chief Secretary of West Bengal who`s presently serving as the advisor to Chief Minister Mamata Banerjee, under All India Services (Discipline and Appeal) Rules. 

The Department of Personnel and Training had on Monday confirmed that the Centre has proposed to hold major penalty proceedings against Alapan Bandopadhyay, who is at loggerheads with the Centre for skipping an important meeting called by PM Modi and violating the All India Services (Discipline and Appeal) Rules. 

Commenting on the issue, TMC MP Saugata Roy said, "It's a vindictive act against the rules. Alapan Bandhopadhyay is a retired official and is not bound by the rules & regulations of Govt of India. They are trying to pressurise him by pointing out that he tends to lose his pension & gratuity. It's a very mean step to take.''

DoPT has also asked the former West Bengal chief secretary to submit a written statement in his defence and state if he desires to be heard in person within 30 days. Ministry has also said that in case of no reply from him, inquiry authority may hold inquiry against him ex parte.

The Centre had on Monday initiated penalty proceedings against him for his alleged `misconduct` and `misbehaviour`.

In a memorandum sent by the Department of Personnel and Training (DoPT), the Centre has proposed to hold major penalty proceedings against him and sought his response within 30 days.

The former Chief Secretary has been warned of major penalty proceedings that allow the Central government to withhold pension or gratuity, or both, either in full or in part, DoPT officials said.

Rule 8 of the All India Services (discipline and appeals) deals with the procedure for imposing major penalties. "Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a member of the Service, it may appoint under this rule or under the provisions of the Public Servants (Inquiries) Act 1850, as the case may be, an authority to inquire into the truth thereof," Rule 8 sub-section 2 states.

On the other hand, Rule 6 of the All India Services (death cum retirement benefits) deals with the recovery of pension. "The Central government reserves the right of withholding pension or gratuity, permanently or for a specified time, if the pensioner has been found guilty of misconduct," Rule 6(1) states.

Earlier, the Centre had issued a show-cause notice to Alapan Bandopadhyay under the Disaster Management Act, which entails imprisonment for up to two years, to explain his absence from Prime Minister Narendra Modi`s meeting at Kalaikunda in the state on May 28.

Bandopadhyay in his four-page reply had said that he had to leave for a review of the cyclone-hit areas of Digha on the orders of Chief Minister Mamata Banerjee.

Bandyopadhyay, a 1987-batch IAS officer of the West Bengal cadre, was set to retire as the Chief Secretary on May 31, but the state had sought and received permission for an extension of his tenure for three months as he played a crucial role in the fight against the Covid-19 pandemic.

He was, however, sent a directive to report to the North Block in Delhi by the Centre, shortly after a row broke out over the Prime Minister`s post-cyclone review meeting with Mamata Banerjee.

The bureaucrat, instead of reporting to Delhi, chose to retire and was subsequently appointed as the CM`s chief advisor.