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Can Bengal IPS Officers Refuse MHA Summons to Serve in Central Deputation? What the Rules Say

PTI

Last Updated: December 12, 2020, 21:48 IST

File photos of BJP president JP Nadda and West Bengal chief minister Mamata Banerjee. (PTI)

File photos of BJP president JP Nadda and West Bengal chief minister Mamata Banerjee. (PTI)

According to the Indian Police Service (Cadre) Rules, 1954, in case of any disagreement between the Centre and the state governments, the "state governments concerned shall give effect to the decision of the central government".

New Delhi: The three IPS officers, who were summoned on Saturday by the Ministry of Home Affairs (MHA) to serve in central deputation, have no option but to abide by the order and the West Bengal government is bound to relieve them. According to the Indian Police Service (Cadre) Rules, 1954, in case of any disagreement between the Centre and the state governments, the "state governments concerned shall give effect to the decision of the central government".

The rules for deputation say a cadre officer may, with the concurrence of the state governments concerned and the Centre, be deputed for service under the central government or another state government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the central government or by another state government. "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," the rules say.

The MHA is the cadre-controlling authority of Indian Police Service (IPS) officers. While Bholanath Pandey, SP, Diamond Harbour, is a 2011-batch IPS officer, Praveen Tripathi, DIG, Presidency Range, is a 2004-batch IPS officer and Rajeev Mishra, ADG, South Bengal, is a 1996-batch IPS officer.

The three IPS officers belonging to the West Bengal cadre have been called to serve in central deputation in view of the lapses that allegedly led to an attack on BJP president J P Nadda's convoy in West Bengal on Thursday.

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first published:December 12, 2020, 21:28 IST
last updated:December 12, 2020, 21:48 IST