New Delhi: With the central government issuing a fresh ordinance that effectively gives more teeth to the Lieutenant Governor (L-G) over controlling bureaucrats posted to the Delhi government, the L-G’s acceptance of the government’s proposal to assign additional charge of the services department to senior IAS officer A.K. Singh will “not benefit the elected government”, a source in the Delhi government said.
The proposal came after the elected government decided to remove Ashish More from his post as Services Secretary. The removal was done hours after the Supreme Court ruled in favour of the Delhi government on 11 May, giving them control of bureaucrats working under it.
“It (the ordinance) has divested all the power the elected government received through the Supreme Court order. By giving the approval to the elected government’s proposal of appointing a new services secretary, the L-G has shown that he exercises the power independently and not based on the chief minister’s recommendation,” the source, who did not wish to be named, told ThePrint. He added that officers “will have to listen to the L-G”.
Speaking to ThePrint, an official at the Raj Niwas agreed that the said ordinance gives more control to the L-G over bureaucrats, but refused to comment further.
However, soon after the transfer order was issued, the AAP government alleged that More went incommunicado and threatened to take disciplinary action against the officer.
Post the apex court’s order, Delhi Chief Minister Arvind Kejriwal said that the government will see a major reshuffle and warned that action will be taken against officers who obstructed public work.
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‘Ordinance negates SC verdict’
Speaking to ThePrint, the source mentioned above noted that the ordinance — the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 — negates the Supreme Court’s judgment.
The central government, through the ordinance titled ‘The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023’, has formed the National Capital Civil Service Authority (NCCSA), which will give recommendations to the L-G over matters concerning transfer posting, vigilance and other incidental matters, among others.
While the NCCSA will consist of three members — the CM (who will head the authority) and the government’s chief secretary and principal secretary, home department — the source added that the authority will have to decide on matters through a majority of votes.
“It is to note that both officers in the authority are appointed by the central government, and it is likely that their decisions will side with the Centre. Further, for instance, even if the chief minister manages to get approval in his favour through the authority on matters, the L-G has the power to differ with it and take a final call,” said the source.
According to the ordinance, the NCCSA will give recommendations to the (L-G) over matters concerning transfer posting, vigilance and other incidental matters, among others, while effectively giving more teeth to the L-G.
“Simultaneously, the ordinance also states that NCCSA will make policies relating to ensuring effectiveness in the delivery of public services and ensuring good governance, among others. This means that the L-G now has more control over matters concerning the elected government’s plans of regular schemes and policies, which was not the case earlier,” the source added.
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Delhi government vs LG
On Friday, allegations flew thick and fast with CM Kejriwal stating that the L-G was yet to clear the file in connection with the appointment of the new services secretary and added that the completion of the procedure was crucial towards “getting work back on track”.
Later, on Friday, Services Minister Saurabh Bharadwaj led a delegation of his cabinet colleagues, including Education Minister Atishi and Environment Minister Gopal Rai, to the L-G House, demanding a meeting over the delay in clearing the said file.
Saxena, in a letter to the chief minister Friday, pointed issues regarding the behaviour of Delhi government ministers towards bureaucrats and said they indulged in “unconstitutional brazenness, intimidation and disregard” of rule and procedures, especially after the apex court’s order.
To this, Kejriwal reverted, stating that the government has “plenty” of work to complete for the city’s residents; he added that the L-G’s language was “unparliamentary” and questioned whether the points raised by the latter were fit for written correspondence.
The tussle over reshuffling officers is not limited to the case of More. The AAP government had also sought the central government’s approval to appoint P.K. Gupta, a 1989-batch IAS officer, as the new chief secretary to replace incumbent Naresh Kumar Thursday. The matter is currently pending.
Prior to the Supreme Court’s judgment, the Kejriwal government and the L-G have been at loggerheads with the former alleging that the L-G delayed the clearing of multiple files, including the proposed overseas training of the Delhi government school teachers. The government had also alleged that officers were bypassing the elected government to send files directly to the L-G.
(Edited by Richa Mishra)
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