New Delhi: The Centre’s ordinance has reinstated the final authority of the Delhi Lieutenant Governor in transfers and postings of bureaucrats and solidified his role as an administrator empowered to take decisions on proposals considered or decided by the elected government in the national capital.
The ordinance, which nullified the May 11 Supreme Court order handing over the control of services in Delhi, excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against IAS and DANICS cadre officers.
The Chief Minister will be the chairperson of the authority and the Chief Secretary and the Principal Home Secretary its members.
All matters required to be decided by the authority will be decided by the majority of votes of the members present and voting.
In case of a difference of opinion, the decision of the Lt Governor is final.
The move has set the stage for an intense confrontation between the Kejriwal dispensation with the Centre and the Lt Governor.
According to the ordinance, the Chief Secretary and the Secretary to the Department concerned will be responsible for compliance with the provisions of this Act.
“Lieutenant Governor” means the administrator appointed under article 239 of the Constitution for the National Capital Territory of Delhi and designated as Lieutenant Governor by the President,” states the ordinance.
It says that in case, the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of the law for the time being in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of Lieutenant Governor for taking a decision thereon.
It says that any matter which is likely to bring the Government of the National Capital Territory of Delhi (GNCTD) into controversy with the Central Government or with any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be prescribed, the Secretary to the Department concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, Chief Minister and the Chief Secretary in writing.
The AAP Saturday said the Centre’s ordinance on the transfer of bureaucrats in Delhi is “unconstitutional” and a move to snatch the power given to the Delhi government by the Supreme Court in services matters.
Addressing a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation.
On its part, the BJP welcomed the Centre’s ordinance, alleging that the Kejriwal government was “intimidating” officers and “misusing” its powers under the cover of the recent Supreme Court verdict on services matters.
Speaking at a press conference, Delhi BJP president Virendra Sachdeva said the ordinance was necessary for maintaining the dignity of Delhi and protecting people’s interests.
“Delhi is the national capital and whatever happens here has an impact all over the country and the world,” Sachdeva said, adding the ordinance was necessary for maintaining Delhi’s dignity.
“Will you (Delhi government) resort to hooliganism and intimidation of officers, and misuse power under the cover of the Supreme Court verdict,” he asked.
PTI