Home ministry directs Bengal govt to act against Rajeev Kumar for taking part in CM's dharna

By Team MyNationFirst Published 5, Feb 2019, 7:49 PM IST
Highlights

The Union home ministry has given details of sections of the All India Services (Conduct) Rules, 1968 that were allegedly violated by Kolkata police commissioner Rajeev Kumar. According to the sources, section 7, which deals with criticism of the government, has mainly been violated.
 

New Delhi: The Union ministry of home affairs (MHA) on Tuesday asked the Bengal government to take action against Kolkata police commissioner Rajeev Kumar for participating in a political demonstration. 

According to the MHA sources, the ministry, in its letter, has asked the Mamata Banerjee government to take action against the Kolkata top cop for violating mainly two sections of the All India Services (Conduct) Rules, 1968. The step has been taken after a report was received from the governor of the state.

“MHA has asked the West Bengal government to initiate disciplinary proceedings against the commissioner of police, Kolkata, Rajeev Kumar, IPS, 1989 batch, in a letter to the chief secretary, West Bengal, citing indisciplined behaviour and violation of All India Services (Conduct) Rules by the officer,” MHA sources said.

The ministry has given details of sections which were allegedly violated by Kumar. According to the sources, section 7, which deals with criticism of the government, has mainly been violated, along with section 5(3).

Also read: Supreme Court orders Rajeev Kumar to appear before CBI; both BJP, Mamata claim vindication

MyNation on Monday had reported about two sections of the All India Services (Conduct) Rules, 1968 that seems to have been violated. 

Section 5

Taking part in politics and elections

As senior IPS officers were directly involved in a political tussle and shared the stage with political leaders, including Bengal chief minister Mamata Banerjee, in an alleged political movement/activity, officers concerned may face action for violating this section.

This section says, “No member of the Service shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.” 

Also read — CBI vs Mamata: Rajnath Singh describes Bengal situation as 'constitutional breakdown'

This section also bars an officer and his/her family from taking part in, or subscribing in aid of, or assisting in any other manner, any movement or activity which is, or tends directly or indirectly to be subversive of the government as by law established, and where a member of the Service is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the government. 

“If any question arises whether any movement or activity falls within the scope of this rule, the question shall be referred to the government for its decision,” section 5(3) says.

Section 7

Demonstration and strikes

As senior officers have been seen in footages where they are sitting with political leaders and as Mamata started a demonstration against the Union government, section 7 also seems to have been violated.  

The section says, "No government servant shall (i) engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or (ii) resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other government servant."

Last Updated 5, Feb 2019, 8:05 PM IST