Alapan Bandyopadhyay

Summary

Bengal's Chief Secretary was recalled to Delhi hours after he and the CM skipped the PM's cyclone meeting, three days before he retired; the Centre then charge-sheeted him.

1. May 2021Documented

   Chief Secretary, West BengalOrdered to report to DoPT, North Block, New Delhi by 10 am on 31 May 2021 (not complied with; he retired that day)

   On 28 May 2021 Chief Minister Mamata Banerjee and the Chief Secretary did not stay for the Prime Minister's Cyclone Yaas review meeting; the Centre alleged she kept the PM waiting half an hour (NDTV). That day the Centre recalled Bandyopadhyay, whose service had been extended by three months four days earlier. The state did not relieve him; he retired on 31 May and was made the CM's adviser. On 31 May the Home Ministry sent him a show-cause notice, and on 16 Jun 2021 a major-penalty charge sheet, for skipping the meeting.

   Up against

   Narendra Modi (meeting chaired by), Prime Minister / Union government, BJP (Union) Government: Mamata Banerjee (TMC), West Bengal; Narendra Modi (BJP), Union.

   Reported reason

   Tribune: 'Seen as a possible fallout of the political slugfest between the BJP and the TMC'.

   The officer said

   Before CAT he challenged the charge sheet; his case that the Centre lacked competence because he served the state is recorded in the Delhi HC judgment.

   The other side said

   The charge sheet was 'for not attending the aforesaid meeting on 28.05.2021, as well as for not apprising the Hon'ble Prime Minister about the hardships and sufferings faced by the people of West Bengal, amongst other allegations' (Delhi HC judgment, summarising the charges). TMC MP Sukhendu Sekhar Ray: 'Has this ever happened since Independence? Forced central deputation of a Chief Secretary of a state.' (NDTV)

   Outcome

   Retired without joining Delhi. The Centre had his CAT case moved from Kolkata to Delhi; the Supreme Court (Jan 2022) and Delhi HC (Mar 2022) dealt only with which bench hears it.

   What became of the matter

   Unknown. Final outcome of the 2021 charge sheet not found. On 30 Jan 2024 the Supreme Court dismissed the Union's application seeking clarification of its 2022 order. RTI drafted. indiankanoon.org

   • Transfer order DoPT order recalling him (as quoted by The Tribune), May 2021

     I am directed to inform that the Appointments Committee of the Cabinet (ACC) has approved the placement of the services of Shri Alapan Bandyopadhyay, IAS (WB: 1987) with the Government of India, as per provisions of rule 6(1) of the Indian Administrative Service (Cadre) rules, 1954, with immediate effect.

   • Judgment Alapan Bandyopadhyay v. Union of India, Delhi HC, W.P.(C) 1028/2022, para 3, Mar 2022

     On 31.05.2021, a Show Cause Notice was issued by the Ministry of Home Affairs to the Petitioner for abstaining himself from a crucial review meeting chaired by the Hon'ble Prime Minister on 28.05.2021, for assessing loss of life and property and damage to the infrastructure caused by the cyclonic storm.

   • Order Union of India v. Alapan Bandyopadhyay, Supreme Court, MA 1792/2023 in C.A. 197/2022, Jan 2024

     After going through the Miscellaneous Application, we are of the considered view that there is absolutely nothing to disambiguate in the said order.

   The Tribune, May 2021 · NDTV (via Internet Archive), May 2021 · Delhi High Court (Indian Kanoon), Mar 2022