Saturday, 11 April 2020

Suspension of Amitabh Gupta possible under the All India Services ( Discipline) Rule

Home Minister Anil Deshmukh has claimed that the Center has the right to suspend Amitabh Gupta, Principal Secretary of the Home Department in the state of Maharashtra.But in fact, the state government can suspend Amitab Gupra as well, saying that RTI activist Anil Galgali has sent the rules to the state government.Now launching an administrative inquiry, indirectly trying to save Amitabh Gupta, has been hampered and the role of the state government is taking its toll.


A letter address by RTI activist Anil Galgali has send a copy of Central Government to Chief Minister Uddhav Thackeray, Home Minister Anil Deshmukh and Chief Secretary Ajay Mehta. Under the powers of the State Government to take action and suspend officers of the All India Services like IAS, IPS, IFoS etc. The ammendment has framed the procedure under its Annexure - II for the purpose of following in case of initiating actions against officers of the said cadre for suspension. Rule 3 of the AIS (D&A) Rules 1969 empower the state government to place a member of the service under suspension and having issued orders of suspension, the same has to be intimated to the Union Govt within 48 hours along with the copy of the suspension order, the reasons and grounds of suspension. The order of the suspension is valid for 30 days and it can be extended by 30 days with confirmation of the Union Govt. It also contains provisions to extend the suspension on the recommendation of the Central/ State Review Committee. The State Review Committee is to be headed by the Chief Secretary as the Chairman, One senior most Addl Cheif Secretary as it's member and Secretary of the Department of Personal, Govt of Maharashtra as it's Member Secretary, said Galgali.


According to Anil Galgali, the state government, whether the home minister Anil Deshmukh has ignored the existing rules, has in one way foiled an administrative inquiry to save Amitabh Gupta. Amitabh Gupta's letter is clear and the government must immediately suspend him. There is no doubt that serious action is warranted in the present case as the Mr Gupta has violated Service Rules and also execution of the Orders of The Union Govt as well as the State Government, said Galgali.

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