Former West Bengal Chief Secretary Alapan Bandopadhyay could face criminal proceedings under the Disaster Management Act for not attending the Prime Minister’s review meeting in Kalaikunda last week and for not giving a presentation on damages caused by Cyclone Yaas. The state government, however, is expected to defend him in case of any such legal proceedings.
Bandopadhyay, who retired on Monday (May 31), has been served a notice by the Centre that asked him to reply within three days as to why he should not face action under provisions of the Disaster Management Act that come with a jail term of up to one year and a fine, if convicted.
The notice has been served under Section 51 of the Act that specifies “whoever without reasonable cause refused 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, shall on conviction be punishable with imprisonment for a term which may extend to one year and a fine or with both”. If it is determined that the action of a person, through obstruction or refusal to comply with directions, “results in loss of lives or imminent danger”, the conviction can be punishable with a term extending up to two years.
Officials in the West Bengal government, however, told News18 that such an action was not expected to stand the scrutiny of law and will be fought legally in courts if it proceeds to that stage. “The Chief Secretary reports to the Chief Minister and he arrived at the review meeting of the PM along with the CM and left the meeting along with the CM. He is working as per the directions of the CM, who was on a spree of constant review meetings, and he was supposed to accompany her. There is hence ‘reasonable cause’ for the Chief Secretary’s actions as specified through a caveat under the Disaster Management Act. The CM has already said she left the meeting after taking permission of the Prime Minister. Also, the Chief Secretary was busy in cyclone relief work rather than obstructing such work,” a senior functionary in the West Bengal government said. The official said the state government was “fully behind Bandopadhyay”.
Under Section 56 of the Disaster Management Act, a government officer has to prove he “obtained the express written permission of his official superior or has other lawful excuse” for withdrawing from a duty under the Act.
However, central government officials said no permission was granted by the PM to the CM to leave the meeting, and so the Chief Secretary’s action violated the Disaster Management Act. “The Chief Secretary is an All India Services Officer and he chose to ignore his constitutional duties, as a result of which no presentation was given to the PM and no officer of the West Bengal government attended the PM’s review meeting. It was the Chief Secretary’s duty to ensure that the review meeting takes place as scheduled. All India officers are not expected to be part of politics,” officials in the central government said.
Any move to initiate criminal proceedings against Bandopadhyay may trigger another tussle between the Centre and the state government, after he effectively escaped disciplinary action upon choosing superannuation on May 31.
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