The Union government has moved against former West Bengal chief secretary Alapan Bandopadhyay and served him a show-cause notice under the Disaster Management Act. Bandopadhyay has been at the centre of a raging controversy for skipping a cyclone review meeting chaired by the Prime Minister last week.
The notice sent by the Ministry Of Home Affairs (MHA), a copy of which was seen by news18, said: “And whereas, by this act of abstaining himself from the review meeting taken by the Prime Minister, who is also the chairman of National Disaster Management Authority (NDMA) in the aftermath of cyclone Yaas as part of his visit to cyclone affected areas in state of West Bengal, Shri Alapan Bandopadhyay, Chief Secretary, Government of west Bengal has acted in a manner tantamount to refusing to comply with lawful directions of the central government and is violative of section 51(b) of the Disaster management act, 2005.”
Section 51 of the Act deals with punishment that should be given if anyone obstructs a government representative from carrying out his or her duty at the time of a disaster. It states refusal “to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years”.
Legal experts point out that if found guilty under this section, the proceedings against Bandopadhyay will not remain limited to disciplinary proceedings for violation of service rules alone.
The show-cause notice gives the former chief secretary three days to respond. The notice was sent to him on Monday.
This MHA letter came after the department of personnel and training (DoPT) wrote two letters to the former chief secretary, asking him to join on central deputation. On Saturday, Bandopadhyay was asked to report at North Block by 10am on Monday.
West Bengal chief minister Mamata Banerjee wrote to the Prime Minister on Monday morning, informing that the state government will not release Bandopadhyay on central deputation and said the order should be withdrawn.
Hours after this letter, DoPT wrote to Bandopadhyay for a second time, asking him to report at North Block by Tuesday 10am. “Since he superannuated on Monday afternoon, the second letter from DoPT became infructuous,” a DoPT official told News-18.
When asked if the proposed disciplinary action against Bandopadhyay for violating service rules has also become infructuous after his retirement, DoPT officials said the matter was being examined.
Top Union government officials have, however, indicated that action will be taken against the newly appointed advisor to the Bengal CM. “A charge sheet will be filed against the former chief secretary,” sources said.
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