Central government is wanting to continue criminally against previous West Bengal Chief Secretary Alapan Bandopadhyay under the Disaster Management Act for not going to the Prime Minister's audit meeting in Kalaikunda a week ago and for not giving a show on the consequence of Cyclone Yaas before the PM. The West Bengal government is anyway expected to spring to his safeguard if instance of any such legitimate procedures.
Bandopadhyay, who resigned on May 31, has been served a notification by Center to answer inside three days on why he ought not be continued against under the arrangements of the Disaster Management Act which accompany a prison term of as long as one year and a fine, whenever sentenced. The notification has been served to him under Section 51 of the Disaster Management Act which indicates that "whoever without sensible reason would not follow any course given by or for the Central government or the state government or the National Executive Committee or the State Executive board, will on conviction be culpable with detainment for a term which may stretch out to one year and a fine or with both." If it is resolved that the activity of the said individual through block or refusal to conform to headings "brings about loss of lives or inevitable risk", the conviction can be culpable with a term reaching out as long as two years, a more stricter offense.
Authorities in the West Bengal government anyway disclosed to News18 that such an activity was not expected to stand the investigation of law and will be battled lawfully in the courts in the event that it continues to that stage. "The Chief Secretary reports to the Chief Minister and he showed up at the audit meeting of the PM alongside the CM and left the gathering alongside the CM too. He is functioning according to the headings of the CM who was on a binge of steady survey gatherings and he should go with her.
There is henceforth 'sensible reason' for the Chief Secretary's activities as determined through a proviso under the Disaster Management Act. CM has effectively said that she left the gathering after explicitly taking authorization of the Prime Minister. Likewise, the Chief Secretary was occupied in twister alleviation work instead of hindering such work," a senior functionary in the West Bengal government said. The authority said the state government was "completely behind Bandopadhyay".
Under Section 56 of the Disaster Management Act, an administration official needs to demonstrate he "got the express composed consent of his authority unrivaled or has other legitimate pardon" for pulling out from an obligation under the Act.
Notwithstanding, focal government authorities said no such authorization was allowed by the PM to the Chief Minister to leave the gathering, thus the Chief Secretary was infringing upon Disaster Management Act. "The Chief Secretary is an All India Services Officer and he decided to overlook his protected obligations, because of which no show was given to PM and no official of West Bengal government went to the PM's audit meeting. It was the Chief Secretary's obligation to guarantee that the audit meeting happens as planned. All India officials are not expected to be important for legislative issues," authorities in the Central government said. Any transition to continue criminally against Bandopadhyay may trigger another tussle between the Center and the state government after he viably got away from any disciplinary move after deciding to make retirement on May 31.
The Center is wanting to continue criminally against previous West Bengal Chief Secretary Alapan Bandopadhyay under the Disaster Management Act for not going to the Prime Minister's survey meeting in Kalaikunda a week ago and for not giving a show on the fallout of Cyclone Yaas before the PM. The West Bengal government is anyway expected to spring to his protection if instance of any such legitimate procedures.
Bandopadhyay, who resigned on May 31, has been served a notification by Center to answer inside three days on why he ought not be continued against under the arrangements of the Disaster Management Act which accompany a prison term of as long as two years and a fine, whenever sentenced. The notification has been served to him under Section 51 of the Disaster Management Act which indicates that "whoever without sensible reason wouldn't follow any bearing given by or in the interest of the Central government or the state government or the National Executive Committee or the State Executive board of trustees, will on conviction be culpable with detainment for a term which may stretch out to one year and a fine or with both." If it is resolved that the activity of the said individual through block or refusal to conform to headings "brings about loss of lives or inevitable peril", the conviction can be culpable with a term reaching out as long as two years, a more stricter offense.
Authorities in the West Bengal government anyway revealed to News18 that such an activity was not expected to stand the investigation of law and will be battled legitimately in the courts in the event that it continues to that stage. "The Chief Secretary reports to the Chief Minister and he showed up at the survey meeting of the PM alongside the CM and left the gathering alongside the CM also. He is filling in according to the headings of the CM who was on a binge of consistent audit gatherings and he should go with her. There is consequently 'sensible reason' for the Chief Secretary's activities as indicated through an admonition under the Disaster Management Act. CM has effectively said that she left the gathering after explicitly taking authorization of the Prime Minister. Likewise, the Chief Secretary was occupied in tornado alleviation work as opposed to blocking such work," a senior functionary in the West Bengal government said. The authority said the state government was "completely behind Bandopadhyay".
Nonetheless, focal government authorities said no such authorization was conceded by the PM to the Chief Minister to leave the gathering, thus the Chief Secretary was infringing upon Disaster Management Act. "The Chief Secretary is an All India Services Officer and he decided to overlook his established obligations, because of which no show was given to PM and no official of West Bengal government went to the PM's audit meeting. It was the Chief Secretary's obligation to guarantee that the survey meeting happens as booked. All India officials are not expected to be essential for legislative issues," authorities in the Central government said. Any transition to continue criminally against Bandopadhyay may trigger another tussle between the Center and the state government after he adequately got away from any disciplinary move after deciding to make retirement on May 31.
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