The Delhi government’s decision to meddle in transfers and postings of senior officers has triggered a row setting the stage for a fresh face off with the Centre hours after the Supreme Court verdict laying out rules for governance in the Capital.
Officers are wary as the apex court in its judgment on Wednesday did not set aside the May 21, 2015 notification of the Ministry of Home Affairs, according to which services matter lies with the Lieutenant Governor and a decision on it is pending.
The bureaucracy is up in arms on AAP government’s decision to take charge of the transfer and postings of IAS officers in Delhi.
The Services department of Delhi government has refused to release a notification for the same as suggested by the government, sources said.
Officers have sent a written reply to the government stating that no such orders can be issued without receiving a communication from MHA.
“They asked us to notify their decision and release an order on it. We have refused to do so as there has been no such mention in the SC verdict. Also, since there has been no communication from the MHA on services related matter, we cannot take this decision,” said a senior officer from Delhi government.
The service department is responsible for issuing orders of the transfers and posting of the officers in Delhi government.
“The SC verdict does not mention anything on this,” said an officer privy to developments.
The MHA notification said the Lieutenant Governor of the National Capital Territory of Delhi shall in respect of matters pertaining to Public Order, Police, Land and Services exercise powers and discharge the functions of the Central Government
The notification left matters pertaining to "services" and the transfer posting of bureaucrats to be settled by the LG allowing him discretionary power to seek the opinion of the Chief Minister as and when the former deemed it fit.
An order issued by the services department in 2016 stated that the lieutenant governor will be the authority for transfer and posting of IAS, DANICS, all India service-officers and equivalent officers of central civil services.
The order also stated that the Chief Secretary would be the approving authority for transfer and posting of DASS Grade I/II officials, private secretaries and senior personal assistants.
“We are withdrawing all powers of transfer and posting with respect to IAS and other employees of the Delhi government from L-G, Chief secretary and the Head of the department (HOD). Now only CM, deputy CM and ministers can carry out transfer and posting of officers and all other employees,” said Deputy Chief Minister Manish Sisodia on Wednesday.
State Public Services and State Public Service Commission fall under the State list and Delhi being a Union Territory holds a different power altogether. So, the services of the IAS officers fall only under the State list, explains an officer.
“Ethically, this power cannot go to the elected government,” said another officer requesting anonymity.
Former Delhi Chief Secretary Rakesh Mehta, who was a part of Delhi administration from 2007 to 2010 said, “Only the posting of Home Secretary, Finance Secretary and Revenue was decided by the L-G and all the remaining transfers were approved by the CM. The problem happened in Delhi when Arvind Kejriwal wanted powers to appoint the remaining officers too.
“If they are doing so, the move will be definitely challenged by the L-G and other authorities.”
