THE CONTEXT: On May 28, the department of personnel and training (DoPT) under Ministry of Personnel directed that West Bengal Chief Secretary AlapanBandyopadhyay report to its office at North Block in Delhi by 10 a.m. on May 31.

Analysis:

• The order came hours after West Bengal Chief Minister Mamata Banerjee allegedly skipped a review meeting on Cyclone Yaas with Prime Minister NarendraModi at Kalaikunda.
• The order read that the appointments committee of the Cabinet has approved the “placement of services” of Mr. Bandyopadhyay as per provisions of the Indian Administrative Service (cadre) Rules, 1954 with the Government of India with “immediate effect”
• The ACC is headed by the Prime Minister, and Home Minister Amit Shah is the other member.
• The 1987 batch IAS officer has never been on Central deputation and is to superannuate on May 31.
• Earlier, on the request of the State government, Centre had approved three-month extension in service to the officer, top bureaucrat in West Bengal.

WHAT IS THE RULE CITED BY DOPT?

• The DoPT order said that the ACC has approved Mr. Bandyopadhyay’s transfer to Delhi under Rule 6(I) of the IAS (cadre) Rules, 1954.
• The said rule pertains to “deputation of cadre officers”
• It says that a cadre officer may, with the concurrence of the State governments concerned and the Central government, be deputed for service under the Central government or another State government.
• It however adds, “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.”

WHEN WERE THE RULES FRAMED?

• After the All India Services Act, 1951 came into existence, the IAS cadre rules were framed in 1954.
• The said rule on deputation giving more discretionary powers to the Centre was added in May 1969.
• Before any officer of All India Services (AIS) is called for deputation to the Centre, his or her concurrence is required.
• The Establishment Officer in DoPT invites nominations from State governments.
• Once the nomination is received, their eligibility is scrutinized by a panel and then an offer list is prepared, traditionally done with the State government on board.
• Central Ministries and offices can then choose from the list of officers on offer
• AIS officers are recruited by the Centre and they are lent to States.
• The publication of offer list on DoPT’s website was discontinued by the government in 2018 amid reports that not many State government officers were willing to come to Centre for deputation.

IS THE CURRENT ORDER ONE OF ITS KIND?

• According to VappalaBalachandran, former Special Secretary, Cabinet Secretariat, the order is not only “unprecedented” but also vindictive.
• “Legally speaking it is the Centre that holds ultimate control. But there is also a custom that an officer will not be deputed against his/ her own will.
• This order is unilateral and an awkward step, unbecoming of the Central government especially after they gave due extension.
• This officer superannuates on May 31, if he refuses to join, can the Centre exercise its right on a retired officer? Mr. Balachandran asked.
• Earlier in December 2020, the Home Ministry had attached three Indian Police Service (IPS) officers of West Bengal cadre — Rajeev Mishra, Praveen Kumar Tripathi and Bholanath Pandey — but the State government did not relieve them.
• The attachment order came after the cavalcade of BharatiyaJanta Party (BJP) President J.P Nadda was attacked in Diamond Harbour area.
• Home Ministry is the cadre controlling authority of IPS officers.

WHAT IF THE OFFICER REFUSES TO COMPLY WITH THE ORDER?

• The All India Services (Discipline and Appeal) Rules, 1969 are not clear on the punishment in such cases.
• But Rule 7 says the authority to institute proceedings and to impose penalty will be the State government while he or she was “serving in connection with the affairs of a State.”
• The case is peculiar as Mr. Badyopadhyay retires on May 31 and is not on deputation to the Central government.
• The Chief Minister can write to the Centre to reconsider its decision.

ABOUT ALL INDIA SERVICES

• The All India Services comprises the three prestigious civil services of India and they are the Indian Administrative Service (IAS); Indian Police Service (IPS); and Indian Forest Service (IFS).
• The common exceptional feature of the All India Services is that the candidates selected for these civil services are recruited by the Center (Union Government in federal polity), however, their services are allotted under various State Cadres and they have the accountability to serve both under the State and the Centre.
• Because of the federal polity of the country, this is regarded as one of the mechanisms that make the Union Government stronger than the State Governments.
• The officers of these three civil services act in accordance with the All India Services rules that includes paying, deportment, leave, several allowances and etc.

THE CONTEXT: Underlining that sexual autonomy is an essential aspect of the right to privacy, the Madras High Court  issued far-reaching guidelines aimed at mainstreaming LGBTIQA+ persons.

Analysis:

• The order was issued by Justice N Anand Venkatesh on a plea filed by a lesbian couple whose relationship was being opposed by their parents.
• The petitioners had moved the Madras High Court seeking protection against police harassment and from any threat or danger to their safety and security.
• Saying LGBTQIA+ persons are entitled to their privacy and “have a right to lead a dignified existence, which includes their choice of sexual orientation, gender identity, gender presentation, gender expression and choice of partner thereof”, the court said, “This right and the manner of its exercise are constitutionally protected under Article 21 of the Constitution.”
• With the order prohibiting “any attempts to medically cure or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender”, Tamil Nadu is set to be the first state to ban ‘conversion therapy’, a widely available procedure that hospitals as well as religious institutions offer to change the sexual orientation of LGBT people.
• Issuing the order, the court said action, including withdrawal of licence to practice, should be taken against professionals involving themselves in any form or method of conversion therapy.
• The court added that government departments should implement the guidelines “in letter and spirit not for the sake of complying with a judicial fiat but to ensure that this society evolves, and the LGBTQIA+ community is not pushed out of the mainstream of the society.”
• The court said if police, while inquiring into any missing person’s complaint, finds that the case involves consenting adults belonging to the LGBTQIA+ community, they shall close the complaint without subjecting them to any harassment.
• Earlier, in April 2019, the Madras HC had banned forced sex selection surgeries on intersex infants.

GUIDELINES ISSUED BY THE COURT

• The use of Parent Teachers Association (PTA) in schools to sensitise parents on issues of the LGBTQIA+ community and gender nonconforming students;
• Necessary amendments to be made in policies to include students belonging to the community in all spheres of school and college life;
• Availability of gender-neutral restrooms;
• The option of change of name and gender on academic records for transgender persons;
• Inclusion of ‘transgender’ in addition to M and F in the gender columns of application forms, competitive entrance exams, etc;
• Appointment of counselors who are LGBTQIA+ inclusive, conducting awareness programmes for judicial officers and programmes for police and prison officials for protection from and prevention of offences against the LGBTQIA+ community.

TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

• It defines a transgender person as one whose gender does not match the gender assigned at birth.
• It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
• It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.
• Every transgender person shall have a right to reside and be included in his household. If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.
• A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
• The Act states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.
• It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
• National Council for Transgender Persons will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.
• The draft of the Transgender Persons (Protection of Rights) Rules, 2020, stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination

THE CONTEXT: The National Anti-Profiteering Authority (NAA) has directed GST officials across the country to ensure that the tax rate cuts notified on some COVID-19-related essentials are passed on to consumers.

Analysis:

• Complaints from end users about lack of price reductions commensurate with the tax cuts, are to be treated on a priority basis
• The complaints must be forwarded to the State level Screening Committees and Standing Committees on Anti-Profiteering.
• At its last meeting on June 12, the GST Council had waived the indirect tax levied on two critical drugs, Tocilizumab and Amphotericin B, and reset the tax rate to 5% on 14 COVID-19 essentials.
• On June 14, the Finance Ministry had notified the revised rates, which are applicable till September 30.
• “The suppliers are required to commensurately reduce the prices of each of the supplies of Goods and Services made by them so that the benefit of the reduction in tax rates and/or of input tax credits is passed on to the recipients/consumers,” the NAA emphasised.
• Producers of items ranging from ambulances to pulse oximeters and oxygen concentrators would need to ensure retail price reductions were effected soon in order to avoid action under the anti-profiteering framework

ABOUT NAA

• The National Anti-profiteering Authority (NAA) was established under section 171 of the Central Goods and Services Tax Act, 2017.
• The NAA was set up to monitor and to oversee whether the reduction or benefit of input tax credit is reaching the recipient by way of appropriate reduction in prices.
• The NAA consists of a Chairman along with four senior government officials, mostly of the rank of joint secretary appointed as technical members in the authority.
• NAA has the authority to deregister an entity or business if it fails to pass on the benefit of lower taxes under GST to the customer.
• Deregistering a business will be the last course of action and extreme step against any violator
• NAA will recommend the return of undue profit which a business earned from not passing on reduction and benefit of tax to consumers along with an 18 per cent interest.
• It can also impose a penalty if it sees it necessary

• Anti-Profiteering Mechanism Under GST Regime:

  • Complaints are based on jurisdiction, complaints that are local in nature will be first sent to a state-level committee for screening
  • Complaints at a national level will be marked directly to the standing committee
  • In case the incident of profiteering relates to an item of mass consumption with an “all India ramification”, the application may be directly made to the Standing Committee
  • If complaints have merit, respective committees will refer cases for further investigation to the Directorate General of Safeguards
  • The DG Safeguards will generally take about 3 months to complete investigation and send the report to NAA
  • If the NAA finds that the company has not passed on GST benefits, it will either direct entity to pass on benefits to consumers, or if the beneficiary cannot be identified, it will ask the company to transfer the amount to ‘consumer welfare fund’ within a specified timeline.

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