A copy of a secret document — giving minute details about the movement of the files related to the pay scale revision issue accessed by The Pioneer — clearly shows that Home Minister Satyender Jain had been mounting pressure on his officers to issue orders of pay revision despite lieutenant-Governor Najeeb Jung’s strong reservations on the matter. The document has been reportedly prepared by Special Secretary (Home) Yashpal Garg.

It was at 10.30 am on Monday that a copy of the decision of the Council of Ministers issued through letter dated December 26 was received by the General Administration Department. An hour later, the Special Secretary (Home-1) submitted the file to the Principal Secretary (Home) suggesting that in view of earlier directions of the l-G, before issuance of orders in accordance with the decision dated December 23 of the Council of Ministers, the l-G may kindly be apprised.

The document said at 3:50 pm the Principal Secretary (Home) submitted the file to the Minister that the decision of the Cabinet in two paras does not appear to be in conformity with one another. It said that in one para the Cabinet decision was clear that should the l-G not be in agreement, the decision cannot be implemented under the provision of Article 239 AA(4)  of the Constitution. The document specified that the only situation in which the home department ‘may (and not shall)’ implement the decision is when the l-G agrees  with the Council of Ministers.  It said, “In view of the above, since  the word  ‘may’ in para (iv)  and words ‘in case the l-G is not in agreement’ in para (v)  have been used, it needs clarification as to whether the Home Department has to await the decision of  the l-G regarding his agreement with the

Cabinet decision.”

Within 25 minutes, according to the document, the Minister marked the file to the Special Secretary (Home) with the directions that the Cabinet decision was very clear which says implement orders immediately and issue orders immediately and put up.  At 4.20 pm, it said, “Since the file was received directly to the Special Secretary (Home-1) with above observations of the Minister (Home), the file was re-submitted to the Principal Secretary (Home) for appropriate further directions.” Again, the Principal Secretary (Home) sent the file back mentioning that as the Minister has not agreed with his views and also the direction of the l-G as communicated by his secretary on December 18 has only kept the decision of the Cabinet in abeyance until the reconsideration of the Cabinet, there was no recourse  but to abide by the  existing orders of the Council of Ministers and reiterated by the Minister.

After the office was closed, the Minister reportedly inquired telephonically from the Special Secretary (Home)  as to why  the order was not issued. The Minister is said to have been informed that since the file was directly marked by him without agreeing with the views of the Principal Secretary (Home), it had been submitted to the latter. The Minister was informed that since the file was not received back, the orders would be issued in the first half of the next day.

On Tuesday, the file was sent to the Deputy Secretary (Home-1) for compliance of the directions.  At 10.20 am, the Principal Secretary (Home) is said to have telephonically  informed  the  Special Secretary (Home-1) about  the  decision  of the lG convened by his secretary that Raj Niwas had decided  to refer  the issue to the President of India.  He said the l-G had accordingly directed that no order should be issued on the issue. The Secretary to the l-G also informed that written communication to this effect was being sent shortly. At this point, the Principal Secretary (Home) directed that the l-G’s directions be brought on file to apprise the Mnister.

The document said since the Deputy Secretary (Home) was on leave, the Superintendent  (Home-1)  at  10.45 am submitted a draft order for approval  of the Principal Secretary (Home)  about  the revision  of pay scales  of prosecuting  officers. Within 15 minutes, the draft was submitted to the Principal Secretary (Home) along with telephonic directions of the l-G to apprise the Minister. The file was immediately sent to the office of the Mnister by the Principal Secretary. The Minister is said to have called the Special Secretary (Home-1) and Special Secretary (Home General).  The document said the Minister asked the Special Secretary (Home-1) either to sign the orders or his suspension orders would be issued.

It said, “When the Special Secretary (Home-1) politely expressed his inability to issue  the orders  at that juncture, the Minister  called Superintendent (Home), and directed him  to issue the  orders. At 11.30 am, the Superintendent (Home-1) issued the orders about revision of pay of public prosecutors.”