[ad_1]
A few hours after the Supreme Court verdict, the Aam Aadmi (AAP) Party government issued an order removing all powers of transfer and posting of officials from the IAS and other employees of the Supreme Court. Lieutenant Governor, Chief Secretary and Department Heads. But the order issued by deputy chief minister Manish Sisodia was made by the bureaucrats in the evening on the grounds that it was "legally incorrect".
This was the first case moved by Sisodia after the judgment. The return of order by the officers suggests that the struggle between the political executive and the bureaucracy is unlikely to end anytime soon.
According to the order issued by Sisodia – who is also minister of services – the senior minister will approve transfers of IAS, DANICS, officers of the services of India, equivalent civil servants of the public service Central and Provincial Civil Services. The L-G approved these orders earlier.
Transfers and badignments of Delhi Junior Administrative Services (DASS) Grade I, II, Principal Private Secretary and Private Secretary will be approved by the Deputy CM. These officers were transferred earlier by the Chief Secretary.
The minister in charge (services) will have a say in the transfer and secondment of DASS III and IV officers and stenos, which was previously authorized by the senior secretary of the department. Other employees of the cadres and ex-cadres of the ministry will be transferred and seconded by the minister concerned
but the uncertainty hangs over the order of Sisodia while the bureaucrats returned the file, saying that it was legally indefensible. "The service department reported to the GL after a notification from the Ministry of the Interior issued in May 2015. But the notification, addressed to the president, was not overturned by the Supreme Court," said a representative of the Government
. the government refused to comment on the file being returned.
The bureaucrats indicated that the issue of control over transfers and postings will be taken by the regular bench of the Supreme Court. "So it is the regular bench that will decide.In addition, the" services "still belong to the LG because Delhi is a territory of the Union and does not fall under competing lists and lists. state, "said an official under cover of anonymity.
Former bureaucrats said that the essence of the SC's order was that the elected government of Delhi and the lieutenant -governor had to perform their duties in a coordinated manner
"Earlier, the chief minister could give his recommendations on transfers and postings but the final call was from the LG. The government needs to improve its relations with the Center and the agents so that the work is not affected, "said the former chief secretary of Delhi Omesh Saigal.
Reacting to the judgment, the members of the l The IAS Association said the verdict does not go completely in favor of Kejriwal. "Only the outlines of the constitution were established and the principles for the LG and the government were enunciated. The only relief that the PAA government has obtained is that now it will not need the consent of the LG on each file, "said one official
Services were a bone of contention between the LG and the Delhi cabinet since the PAA. came to power in 2015. The controversy erupted after the LG appointed Shakuntala Gamlin, then senior secretary (may), as acting chief secretary in the absence of KK Sharma. The order was heavily criticized by Kejriwal who called the appointment illegal.
In August 2016, Kejriwal again criticized the Center and LG for replacing two senior officers, PWD secretary Sarvagya Srivastava and health secretary Tarun Seem, with IAS agents Ashwani Kumar and Chandraker Bharti without consulting him. This was also followed by the CBI raids at his office and the arrest of Rajendra Kumar, CM's chief secretary, in a corruption case.
Source link
