New Delhi: A fresh controversy erupted between the AAP government and civil servants in the capital Wednesday, with Delhi Finance and Services Minister Atishi alleging that ministerial directions related to a day-to-day matter were rejected by a senior government official.
Addressing a press briefing Wednesday, Atishi said Delhi Finance Secretary Ashish Chandra Verma had rejected multiple orders — from her and former finance minister Kailash Gehlot — pertaining to filing an appeal before the Supreme Court in a matter related to GST refund. The inaction by the civil servant, she added, would result in a loss to the public exchequer.
Atishi said the finance secretary’s decision was empowered by a contentious provision in the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2023, the controversial law emanating from a Modi government ordinance meant to give control of services in Delhi to the Centre.
“This is a simple day-to-day matter related to GST refund. The Delhi High Court’s judgment in this matter was not in favour of the Delhi government, and it would cause a loss to the public exchequer,” Atishi said.
“We wanted to challenge it before the Supreme Court, but this has not been filed despite multiple orders from the minister concerned, including then finance minister Kailash Gehlot. Two days back, I received a 40-page letter from the principal secretary concerned (finance) in which he rejected my order,” she added.
Atishi then referred to the GNCTD Act provision that says the chief secretary, and the secretary of a department, must ensure that the Act is being followed.
In cases where there is a deviation, the Act says, it must be brought to the notice of the minister concerned, the chief minister and the lieutenant governor.
While the provision — which falls under sub-section 5 of section 45(J) — does not state that standing orders must be rejected, Atishi indicated that civil servants were interpreting it in their own favour.
The minister said the provision allows civil servants to reject ministers’ directions and orders.
The GNCTD Amendment Act, 2023, was passed in the monsoon session of Parliament, earlier this month.
Delhi Chief Minister Arvind Kejriwal also took to the microblogging site X (formerly known as Twitter) Wednesday, stating that the provisions in the amended Act give officers a licence to openly rebel against written orders of the elected government .
Adding that civil servants had started refusing orders, Kejriwal questioned whether any state or country could be run on the provisions mentioned in the Act. “This Act will ruin Delhi [and] this is what [the] BJP wants. [The] Act needs to be struck down as soon as possible,” said Kejriwal.
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Tussle continues
The AAP government has been up in arms over the provisions in the amended Act ever since they were introduced through an ordinance on 19 May. The ordinance came only a week after the Supreme Court ruled in favour of the Delhi government on the services matter, and said it had the control over civil servants that worked under it.
The ordinance paved the way to form the controversial three-member National Capital Civil Services Authority (NCCSA), which has been tasked with giving recommendations to the L-G over transfers and postings of civil servants.
While the chief minister heads the NCCSA, his decisions will require passing an internal voting test. The remaining members of the body are Centre-appointed civil servants: the chief secretary and the principal secretary, home department.
Further, the L-G can return these recommendations to the NCCSA, and also has overriding powers in matters where a difference of opinion may arise.
While the ordinance was replaced with Act, some provisions were not retained in the latter and have left the door open for interpretation; this includes a provision to prevent the Delhi legislative assembly from making laws on services, which was not retained in the Act.
Senior officials in the Delhi government have noted that the removal of the provision allows the elected government to make laws related to services, only if they are not contradictory to the provisions in the Act.
Similarly, the Act states that the minister of a department can issue directions and standing orders to dispose of related proposals or matters.
Earlier this month, Atishi, who also holds the services portfolio, alleged that she had ordered that all proposals related to transfers, postings, vigilance and non-vigilance matters will require the approval of the minister concerned before being sent to the NCCSA, but it was rejected by the chief secretary.
The NCCSA had last met in June, while senior officials believe that the situation is unlikely to change due to the recurring tussles.
(Edited by Sunanda Ranjan)
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