Within hours of Delhi Deputy Chief Minister Manish Sisodia reversing the LG’s 2016 order on transfer policy, the services department of the city government has reportedly returned his file calling it legally incorrect.
“The services department had come under the L-G after a home ministry notification issued in May 2015. But the notification, addressed to the President, has not been set aside by the Supreme Court,” said a government official was quoted by Hindustan Times.
The civil servants’ refusal to abide by Sisodia’s order on transfer is because they claim that all specific Centre-Delhi disputes would later be decided by a two-judge bench.
“Until the court decides, the LG and the cabinet are bound to comply with the existing presidential notifications, including the 2015 notification that gave services to the LG,” The Telegraph quoted an IAS officer as saying.
The government, on the other hand, has warned that the services department will be in contempt of court if they refused to implement its order on transfer.
On Wednesday, hours after the Supreme Court restored the elected government’s powers in Delhi, the Arvind Kejriwal government had decided to reverse the 2016 order by the then Lieutenant Governor Najeeb Jung on declaring the LG as the supreme transfer authority.
Speaking to reporters, Sisodia had issued a new order making the chief minister as the ‘approving authority’ on the transfers of IAS, DANICS, All India Services Officers, equivalent officers of Central Civil Services/ Provincial Civil Services.
Sisodia himself will be the approving authority of all Grade 1 DASS, Grade II DASS, Pr. Private Secretary and Private Secretary rank officers.
According to the 2016 order, the LG was the approving authority on the transfers of IAS, DANICS, All India Services Officers, equivalent officers of Central Civil Services/ Provincial Civil Services. The chief secretary was made the transfer authority on all Grade 1 DASS, Grade II DASS, Pr. Private Secretary and Private Secretary rank officers.
The elected government had no say in the matters of transfer of even the junior most staff in the Delhi government.