Mamata Vs Centre row

  • West Bengal Chief Minister Mamata Banerjee on May 31 wrote to Prime Minister Narendra Modi that her government cannot release Chief Secretary Alapan Bandyopadhyay who has been asked to report to the Centre in what she called a "unilateral order".
  • Bandyopadhyay, at the centre of fresh flashpoint between Mamata Banerjee and Centre, was to report to Delhi at 10 am but the CM said that he will stay and continue to manage her state's COVID-19 crisis. 
  • On May 28, the Centre’s Department of Personnel and Training (DoPT) under Ministry of Personnel had issued an order recalling Bandyopadhyay and directed him to report by 10 am on May 31.
  • Bandyopadhyay was served a show­ cause notice by the Union Home Ministry under Section 51 of the Disaster Management (DM) Act, 2005.
  • The Section pertains to “punishment for obstruction” for refusal to comply with a direction given by the Central government.

RECALL OF CHIEF SECRETARY

  • The DoPT order said that the ACC has approved Mr. Bandyopadhyay’s transfer to Delhi under Rule 6(I) of the IAS (cadre) Rules, 1954.
  • The ACC (Appointments Committee of the Cabinet) is headed by the Prime Minister, and Home Minister Amit Shah is the other member. 
  • The said rule pertains to “deputation of cadre officers".
  • It 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. 
  • It however adds, “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.”
  • Legally, this means in case the Centre wants someone on deputation, the State cannot say no to it.
  • An IAS official is essentially a central government employee allowed to work in the state.
WHY THE CALL BY CENTER IS PROBLEMATIC?
  • Before any officer of All India Services (AIS) is called for deputation to the Centre, his or her concurrence is required.
  • According to Vappala Bala chandran, former Special Secretary, Cabinet Secretariat, the order is not only “unprecedented” but also vindictive.
  • 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, especially after they gave due extension. 

DISASTER MANAGEMENT ACT

  • The DM Act, 2005, came into existence after the 2004 tsunami. 
  • The main focus of this act is to provide the people who are affected with disasters, their life back and helping them.
  • On March 24, 2020, the Centre, through the National Disaster Management Authority (NDMA) headed by the Prime Minister, invoked the provisions of the Act.
  • The Act has been extended across the country till June 30. 
  • It is enforced by the Home Ministry.
  • The center said that the refusal to attend meeting taken by Prime Minister Narendra Modi is tantamount to refusing to comply with lawful directions of the Central Government and is thus violative of Section 51 (b) of the Disaster Management Act, 2005.
  • The punishment under the section is imprisonment of up to two years or a fine or both.

NDMA

  • The Act calls for the establishment of National Disaster Management Authority (NDMA), with the Prime Minister of India as chairperson. 
  • The NDMA may have no more than nine members including a Vice-Chairperson. 
  • The tenure of the members of the NDMA shall be five years.
  • The NDMA which was initially established on 30 May 2005 by an executive order, was constituted under Section-3(1) of the Disaster Management Act, on 27 September 2006.




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