New Delhi: Allegations flew thick and fast after the first meeting of the National Capital Civil Services Authority (NCCSA), held Tuesday, with Delhi Chief Minister Arvind Kejriwal calling the formation of the three-member body a “futile exercise”.
In a press conference later in the day, Kejriwal alleged that the Bharatiya Janata Party (BJP) brought the ordinance instituting the NCCSA to “capture Delhi” since it “has no hope of winning Delhi over the next several years”.
“It [ordinance] places the chief secretary above the cabinet. No proposal can be brought in the cabinet without the consent of the officers. So all the decisions will now be taken by the officers,” Kejriwal said, adding that the Aam Aadmi Party (AAP) government will challenge the ordinance in the Supreme Court.
बीजेपी दिल्ली में चार चुनाव बुरी तरह से हार गई। अगले कई वर्षों तक दिल्ली जीतने की उनकी कोई उम्मीद नहीं है। तो बीजेपी ने इस अध्यादेश के ज़रिए दिल्ली को हथियाने की कोशिश की है। कैसे-
ये अध्यादेश मंत्रियों, मुख्यमंत्री और कैबिनेट के ऊपर अफ़सरों को बिठाता है।
– हर विभाग में अब… pic.twitter.com/uLgZ9mYgbs
— Arvind Kejriwal (@ArvindKejriwal) June 20, 2023
He also stated that the AAP was hopeful of getting relief from the apex court and that the bill corresponding to the ordinance will not have enough numbers to steer through Parliament.
Kejriwal added that the ordinance will be the “first agenda” in the meeting of Opposition parties to be held on 23 June in Patna. “I will make them [Opposition parties] understand how a similar ordinance can be brought in other states too. I will explain the dangers of this ordinance to each and every party present over there. I will take the Constitution of India with me and explain how this ordinance makes a mockery of it,” he told reporters.
Kejriwal also noted that the AAP is seeking clarity from the Congress on the party’s stance over the ordinance. “I hope that the Congress will make its stand clear, as all the other political parties in that meeting will ask the Congress about its stand,” he said.
He added that just because the ordinance has only been promulgated in Delhi, which is often considered a ‘half-state’, it “does not mean that it cannot be promulgated in Tamil Nadu, Maharashtra, West Bengal or Maharashtra”.
“By promulgating such ordinances, the central government can end up dissolving all the matters that come within the concurrent list of the Constitution of India,” said Kejriwal.
The NCCSA is a three-member body headed by the chief minister and comprising the chief secretary and home secretary of the government of the national capital territory of Delhi as its members. A minimum of two members are required for the NCCSA to hold a meeting and a decision on matters examined by the body is made through a majority of votes.
The body was formed through an ordinance brought by the central government on 19 May — the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 — which nullified the Supreme Court’s judgement dated 11 May that ruled in favour of the Delhi government having control over the civil servants who work under it.
During the press conference, Kejriwal said that despite the NCCSA having met for the first time Tuesday, matters it was supposed to preside over had already been decided in advance.
He also recalled an instance from last week when he referred to the three-member body as a “farce”. On Thursday, he had alleged that the chief secretary was bypassing the chief minister and the NCCSA by sending files directly to the lieutenant governor.
“I received a file during the last week of May, regarding the suspension of an official. I sought three clarifications regarding the suspension, but I never received the file after and it was directly sent to the lieutenant governor,” said Kejriwal, adding that the file noted that the approval of two NCCSA members was sufficient for a decision in this regard.
The NCCSA gives recommendations to the lieutenant governor over matters concerning transfer posting, vigilance, and other incidental matters.
The lieutenant governor can return the body’s recommendations for the latter to reconsider it, and in cases of difference of opinion, the L-G’s decision shall be final.
Kejriwal — who heads the-three member body — said Tuesday’s meeting was regarding a matter involving disciplinary proceedings against an officer, and that all members gave their approval to initiate the same.
Hours after the first meeting, the Chief Minister’s Office (CMO) announced that Kejriwal has called for the second meeting of the NCCSA, on 28 June, to discuss matters regarding the transfer and posting of officers in Delhi.
The CMO, in a press note, highlighted that several officers have complained over their requests — regarding transfer and posting — remaining pending before the services department, without any response from the latter.
The CM has directed the chief secretary to compile and present all the requests falling under three categories – which include departments requesting the transfer of certain officers, seeking the posting of officers against vacant positions, and individual officer requests for transfer and posting.
“The CM has directed that such requests received by the services department in the last six months, which are either pending or have been rejected, must be submitted to the Chief Minister’s office no later than 5 pm on 21 June. In an effort to ensure transparency and accountability, it has been directed that the reasons for rejection or pending status should be clearly indicated for each request,” the note read.
Earlier in the day, Kejriwal wrote to the L-G and the Ministry of Home Affairs (MHA), expressing concern over Delhi’s law and order situation, while urging the latter to take “immediate and effective” measures.
My letter to Hon’ble LG on deteriorating law and order situation in Delhi. pic.twitter.com/2gvbZvN7zZ
— Arvind Kejriwal (@ArvindKejriwal) June 20, 2023
“Such serious crimes have shaken Delhi. It is high time that those entrusted with the responsibility of ensuring the safety of lives of residents of Delhi should not be seen as failing time and again in their mandatory duty,” read the letter, referring to four instances of murder within 24 hours in the city.
(This is an updated version of the report)
(Edited by Amrtansh Arora)
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