Centre has put Babus over Delhi govt, says Kejriwal

The NCCSA, headed by the chief minister, also includes the chief secretary and the principal secretary (home)

Chief minister Arvind Kejriwal on Tuesday said that the formation of the National Capital Civil Services Authority (NCCSA) — a three-member body constituted to oversee transfers and postings of bureaucrats in the Capital in accordance with the Union government’s recent ordinance — was a “futile exercise” even as he approved the disciplinary proceedings against a Forensic Science Laboratory (FSL) officer while chairing the first meeting of NCCSA. Kejriwal also accused the Centre of placing the chief secretary above the Delhi Cabinet and secretaries above ministers.

Delhi chief minister Arvind Kejriwal during a press conference in Delhi on Tuesday. (HT Photo)

The NCCSA, headed by the chief minister, also includes the chief secretary and the principal secretary (home).

“The authority met (on Tuesday) to discuss disciplinary proceedings against an FSL officer. It was a clear black and white case, and thus the authority has unanimously decided to approve proceedings against the officer,” Kejriwal said in a press conference after the meeting. Meanwhile, a Delhi government official, requesting anonymity, said the CM has called the NCCSA second meeting on June 28, where the agenda will be officers’ transfer and posting.

Terming NCCSA a futile body, the CM alleged that his say on decisions of the body was redundant, as the two other members of the body — the chief secretary and the principal secretary (home) were both working for the Centre. “Around 15 days ago, I received a file in which the suspension of a government officer was recommended. After reading the file, I had 3-4 queries and sought clarifications, which I wrote on the file. The file then never came back to me. It went to the LG and it was written on the file that two out of three members of NCCSA recommended the suspension of the officer, which will always be the case. Through this body, they have made a mockery of the office of the CM. Even my queries are not important enough to be responded to. What is the need for this authority?” said Kejriwal.

Kejriwal also accused the Centre of taking control of Delhi by giving power to officers to dismiss the elected government’s directions and alleged that NCCSA was being misused by the Centre as the two officers are empowered to overturn the government’s decisions.

“The central government has added several provisions in the ordinance to empower the Centre-appointed officers to review every decision taken by Delhi’s elected government. NCCSA has been created just for formality. It comprises the CM and two officers who report to the Centre. Through the ordinance, the Centre has tried to get hold of power in Delhi despite losing elections in the state thrice. There are many provisions in the ordinance that allow officers to be above the CM, ministers, and the cabinet. The chief secretary and the lieutenant governor are above the cabinet too, and the Centre now controls officers through services and vigilance departments,” Kejriwal said.

On May 19, the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 which nullified a May 11 Supreme Court order that reinforced the authority of the Delhi government in controlling bureaucrats in all but three domains — land, police, and public order. The ordinance gave the LG, an official appointed by the Union government, the final say on transfers and postings of bureaucrats in Delhi and created a new cadre for the national capital.

Since the promulgation of the ordinance, Kejriwal and the Aam Aadmi Party (AAP) leaders have slammed the Union government and said it has rendered the elected government redundant.

Speaking to the media after the meeting, Kejriwal said the elected government should have control over bureaucrats so that it can work for the people who have elected the government.

“If the minister tells the officer that an area requires schools, the officer can just dismiss what the minister says and say that there is no need for it. Elected representatives work in association with the people of an area. So, if the minister says there is a need for a new Mohalla clinic in that area, the officer can just say that it is not required and the work will have to be stopped right there. If the minister says that the quality of water in an area is poor, but the officer says that it is clean, everyone has to agree to the fact that it is clean and no work can take place. This is the kind of power this ordinance gives to the officers,” Kejriwal added.

Kejriwal added that in a democratically elected government, the cabinet was the supreme authority. However, the ordinance has placed the chief secretary and the LG above it.

“Whatever decisions the cabinet takes, it is eventually the chief secretary who will decide if it is right or wrong and the LG has been given the authority to overturn the decision taken by an elected government. Such powers were not granted to the LG even by the Constitution of India. This is why we keep saying that this ordinance is nothing but an attempt to overturn the Constitution,” Kejriwal said.

HT reached out to chief secretary Naresh Kumar as well as the LG secretariat, but no response was available queries seeking comments.

Echoing the CM’s allegations that the particular file never went back to him after he posted the queries, the CM’s office, in a statement, said that the LG overlooked the authority of the CM and was acting on the advice of the chief secretary. “The chief secretary bypassed the CM and NCCSA when the CM raised a query. The CS and the LG colluded to take action going against the mandate of NCCSA. In disregard of Section 45F(1) of the Centre’s ordinance and established constitutional practices, the CS overruled CM’s directions for furnishing additional information and directly sent the file to the LG... acting on CS’s advice, the LG overlooked the authority of the CM and NCCSA, and passed an order to suspend the officer,” the statement said.

Section 45F(1) of the ordinance says that “NCCSA shall meet at such time and place as the Member Secretary may decide with the approval of the Chairperson of the Authority, as and when so required.”

“For the sake of transparency, CM Kejriwal sent the file back instructing the CS to compile and present all the requests falling under the three categories received by the services department in the last six months which are either pending or have been rejected to the CM office no later than 5pm on June 21 (Wednesday). 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 CM statement added.

Kejriwal also said the Delhi government will take all these matters to the Supreme Court. “We will take this issue to the Supreme Court and we believe that it will rule in our favour as this is unconstitutional. We also have the support of several opposition parties if this ordinance reaches Parliament. We are confident that it will be rejected in the Rajya Sabha as well,” Kejriwal said.

Responding to Kejriwal’s charges, Delhi Bharatiya Janata Party spokesperson Praveen Shankar Kapoor that Kejriwal’s statement was “melodrama to project himself as a political victim”. “Even before the meeting, the CM was aware that he is to chair it... but he called the meeting just to create an event to issue a victim card statement. Kejriwal should know that NCCSA is now a permanent part of administrative system of Delhi and instead of developing further confrontation with its bureaucratic members, Kejriwal should try to use the meetings to develop working relations,” Kapoor said.