Context: Central Government may initiate disciplinary action against the West Bengal Chief Secretary after he failed to report to the Department of Personnel and Training (DoPT)
Issue

• West Bengal Chief Secretary was due to begin an extension of three months after retiring but the Centre has asked him to report and join the Government of India.
• The West Bengal government issued an order, citing the Centre’s approval dated in the interest of public service, to extend West Bengal Chief Secretary’s services for three months.
• The Department of Personnel and Training (DoPT) wrote to the Chief Secretary that “the Appointment Committee of the Cabinet has approved the placement of the services” with the Government of India with “immediate effect”.

How IAS officers get an extension?

Rule 16(1) of DCRB (Death-cum-Retirement Benefit) Rules says that

• A member of the Service dealing with budget work or working as a full-time member of a Committee may be given extension of service for a period not exceeding three months in public interest, with the prior approval of the Central Government.
• The extension can be for six months for an officer posted as Chief Secretary of a state.

What is a Central Deputation of IAS officer?

• In normal practice, the Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on central deputation.
• The Rule 6(1) of the IAS Cadre Rules says an officer may be deputed for service under the Central Government or another State Government with the concurrence of the State Governments concerned and the Central Government.
• 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.

Arguments against Rule 6(1) of IAS Cadre Rules

• A PIL in the Supreme Court has contended that because of the Rule, states have to bear the brunt of arbitrary actions taken by the Centre.
• The Rule makes it difficult for the Centre to enforce its will on a state that refuses to back down.

What happens if officer does not comply with deputation orders?

• The Centre can take no action against civil service officials who are posted under the state government.
• The Rule 7 of the All India Services (Discipline and Appeal) Rules, 1969, states that the authority to institute proceedings and to impose penalty will be the state government if the officer is serving in connection with the affairs of a state.
• The state and the Centre both need to agree for any action to be taken against an officer of the All India Services.