Services body reduced to a farce: Delhi govt amid ordinance tussle

The CM’s office alleged that proposals related to services were being directly sent by chief secretary Naresh Kumar to lieutenant governor (LG) VK Saxena

The office of chief minister Arvind Kejriwal on Thursday said that the National Capital Civic 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 — had been reduced to the “farce”, even as he called a meeting of the authority on June 20 as its chairperson.

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

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

In a statement, the CM’s office alleged that proposals related to services were being directly sent by chief secretary Naresh Kumar to lieutenant governor (LG) VK Saxena, bypassing the chief minister and the new body, which has not even held its first meeting.

“Two weeks ago, the chief secretary and the lieutenant governor colluded to bypass the CM and NCCSA and directly issue suspension orders for an officer. It may be noted that the outcome of any authority meeting is already known with two members being officers appointed by the central government, and the CM being in minority. Now, due to the collusion of the LG and CS, the farce authority meeting itself is not being held, reducing it to a mere showpiece,” the statement from Kejriwal’s office said.

The statement added that the authority, on June 20, was likely to discuss disciplinary proceedings against an officer. It was not clear who the officer in question was.

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.

The ordinance also set up the three-member NCCSA to decide matters related to services, particularly transfers, postings, and disciplinary action.

NCSSA must decide matters based on a majority vote, but the final say on these decisions will remain with LG, the ordinance said.

Kejriwal’s office said on Thursday that a file was sent to the CM two weeks ago to decide on the suspension of an officer.

“The matter was placed before the CM as per Sub-Section (2) of Section 45H of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023... Upon receiving the file, the CM highlighted several gaps and missing information in the file and directed the Chief Secretary to urgently furnish the same before the NCCSA meeting... However, in a completely shocking and brazen disregard of Section 45F(1) of the Centre’s Ordinance and established constitutional practices, the Chief Secretary overruled the directions of the Chief Minister. Instead of complying with the directions of the elected Chief Minister, the Chief Secretary bypassed the CM and NCCSA and placed the file directly before the LG recommending the suspension of the officer. The same advice was immediately acted upon by the LG,” 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.”

The CM’s office added that several other proposals related to services were also being sent directly by the chief secretary to the LG.

“CM’s authority as the Chairperson of NCCSA has been completely subverted by collusion of the LG and the CS. It clearly highlights the mala fide intent of the Centre to rob the elected government from exercising any kind of power to govern Delhi. The composition of the NCCSA itself is of dubious nature. The Centre has placed the CM and two bureaucrats, together in one Authority, and dictated a mandate of a majority vote for the committee’s decisions,” the statement said.

Meanwhile, an LG secretariat official slammed statement from the CM’s office. “Contrary to claims being made, not a single file pertaining to posting or transfers has been sent to or received by the LG secretariat after the ordinance came into effect,” the official said.

With regards to the suspension of an officer, the official said that the decision was recommended by NCCSA according to law, and that the CM was fully aware of it.

“Moreover, in any case the LG is the disciplinary authority as per previous and extant laws, and the matter of suspension being referred to in CM’s statement pertained to gross deviation from rules, amounting to misuse of authority for dispensing undue favours to individuals,” the official added.

Chief secretary Naresh Kumar declined to comment on the matter.

Since May 21, Kejriwal has been meeting Opposition leaders to rally support against the ordinance in the Rajya Sabha, where the ruling Bharatiya Janata Party does not enjoy a clear majority.

At least 11 parties pledged support to Kejriwal’s Aam Aadmi Party in voting against the ordinance, but the largest Opposition party, the Congress, is yet to commit to opposing the ordinance. AAP also held a rally in Ramlila Maidan on June 10 to bolster public support against the ordinance.

Meanwhile, BJP spokesperson Praveen Shankar Kapoor said that it was good that CM Kejriwal was willing to call a meeting of the authority.

“However, it is surprising that on one hand Kejriwal is challenging the ordinance and on the other he is calling the meeting of the ordinance-based authority. It would be better if Kejriwal accepts the Centre’s formed authority and sheds the path of confrontation.”