The Delhi government on Wednesday introduced a new system for transfer and postings of bureaucrats, making Chief Minister Arvind Kejriwal as the approving authority, hours after the Supreme Court verdict on its long-running fight with the L-G on administrative and other powers.
So far, the Lieutenant Governor has been the approving authority for transfers and postings of the IAS and DANICS (Delhi, Anadaman and Nicobar Islands Civil Services) officers.
However, a top official said the bureaucrats have "clearly" conveyed to the deputy chief minister that the new order will not be followed as they found it to be "legally incorrect".
However, the services department has refused to issue the order empowering Delhi’s CM, Deputy CM and other ministers to decide on transfer and appointment of bureaucrats.
A senior official, who did not want to be named, said the services matter is still pending before the regular bench of the Supreme Court and hence, political executive should wait for the order.
Other senior bureaucrats working with the Delhi government also claimed that 'services matter' still lies with the office of Lt Governor because Delhi is a union territory, and services matter does not fall under the concurrent and state lists.
Another officer claimed that the apex court, in its today's order, has not set aside the May, 2015 notification of the Ministry of Home Affairs, according to which services matter lies with the L-G.
As per an order issued by Deputy Chief Minister Manish Sisodia, Delhi Administrative Subordinate Services (DASS) Grade-I, II, principal secretary and private secretary will come under the Deputy CM, who will be responsible for their transfer and posting.
Minister-in-charge will have a say in transfer and posting of other officials such as stenos.
Addressing a press conference here, Sisodia said the central government and lieutenant governor had "misinterpreted" rules by adding services matter in "reserved subjects" and they should "apologise" for this.
Sisodia said the Delhi government doesn't need to get its decision approved by the L-G.
In a landmark order, the Supreme Court today clipped the powers of the L-G, saying he has no "independent decision making power" and has to act on the aid and advice of the elected government.
The judgement by a five-judge constitution bench, headed by Chief Justice Dipak Misra, laid down broad parameters for the governance of the national capital, which has witnessed a bitter power tussle between the Centre and Delhi government since the Aam Aadmi Party government came to power in 2014.
