Days after the Supreme Court entitled the Delhi government to decide on postings, transfers and disciplinary postings of all service officials, including officers of the Indian Administrative Service (IAS) in the national capital, the Central government has issued an ordinance to gain back control over the bureaucrats serving in Delhi.
As per the ordinance brought out on Friday, the Union of India has proposed to set up the National Capital Civil Services Authority in Delhi, to oversee the transfer, posting and disciplinary proceedings of Group ‘A’ officers and DANICS officers serving in Delhi government.
It said the authority would be headed by the Chief Minister of Delhi, and comprise the Chief Secretary and the Home Secretary of Delhi government.
Stating that the national capital belonged to the entire nation and the entire nation was vitally interested in the governance of the national capital, the ordinance said it was in the larger national interest that people of the entire country have some role in the administration of the national capital through the democratically-elected Central government.
The notification said a permanent authority was being formed to give effect to the intent and purpose behind Article 239AA.
It added that the present ordinance would amend the 1991 Government of National Capital Territory of Delhi Act, in so much as give overriding powers to the Delhi LG on transfer, posting and control over officers in Delhi.
It said any decision taken or any event in the capital of the nation not only affected the residents of the national capital, but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum.
The ordinance further said that in case of a difference of opinion, the decision of the LG shall be final.
The Central government, in consultation with the authority, shall determine the nature and categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit, added the notification.
However, the recommendations would have to be approved by the Lieutenant Governor (LG) of Delhi, who was a nominee of the Central government.
The ordinance said the LG may send recommendations back to the Authority for reconsideration, adding that the Secretary to the Delhi Council of Ministers would have to inform the LG if they were of the opinion that any proposal considered by the said Council was not in accordance with the amended Act.
It provided that the Central government would be entitled to make rules governing the following matters, in connection with the affairs of the Delhi:
(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed or posted;
(b) the powers, duties and functions of officers and other employees appointed or posted;
(c) the qualifications of candidates for appointment to the posts and the manner of selection for the appointments;
(d) transfer or posting of the officers and other employees posted;
(e) the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie.
Any authority, board, commission or statutory body or any office bearer or member of the same, constituted or appointed under any law for the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President, added the ordinance.