Delhi Lieutenant Governor Vinai Kumar Saxena has given approval to a proposal by the Services Department to immediately terminate the services of approximately 400 private individuals engaged as Fellows/Associate Fellows/Advisers/Deputy Advisers/Specialists/Senior Research Officers/Consultants in 23 departments, autonomous bodies, public sector units, and other agencies.
This move is likely to spark another confrontation between the Arvind Kejriwal-led Government and the Lieutenant Governor.
According to a statement from Raj Niwas, the appointments of these individuals were made in violation of constitutional provisions regarding reservation.
“The appointments of these personnel were made by flouting the constitutional provisions of reservation; by depriving the people belonging to Scheduled Castes, Scheduled Tribes and OBCs from their constitutional rights and through back door entry without meeting the qualification / experience.
“It was observed that the provisions of reservations for SC/ST/OBC shall be followed in all temporary appointments lasting for 45 days or more. and such temporary appointments have been done by the Delhi Government for more than 45 days in all such cases.
“The appointments of these personnel also did not follow the mandatory reservation policy for SC/ST/OBC candidates prescribed by the Department of Personnel and Training (DoPT).
“This is an open denial of the rights of Scheduled Castes, Scheduled Tribes and OBC in Delhi,” the statement said.
To protect the rights of these integral sections of the society of India, the LG decided to immediately cancel all such back-door recruitments undertaken in violation of constitutional provisions of reservation.
The LG has further directed that all concerned Departments/Autonomous Bodies/PSUs should comply with the constitutional provisions of reservation failing which action, including departmental proceeding, may be initiated against the concerned defaulting officers for violation of such constitutional provisions.
The Services Department found out that several of these private individuals did not meet the eligibility criteria, including educational qualifications and work experience, as specified in the job advertisements.
Additionally, the concerned administrative departments failed to verify the authenticity of work experience certificates submitted by these individuals, many of which were found to be falsified. Consequently, the LG approved the proposal to terminate the engagement of these private individuals in all the Delhi Government departments, corporations, boards, societies, and autonomous bodies that had not obtained the necessary approval.
However, administrative departments have the option to propose detailed cases justifying the continuation of these engagements. Such proposals should be forwarded to the Services Department for submission to the Lieutenant Governor for consideration and approval.
The Services Department compiled information from 23 departments, autonomous bodies, and public sector units that had engaged these private individuals as specialists. It was found that the provisions of reservation for SC/ST/OBC, as prescribed by the DoPT order dated 15.05.2018, were not followed in these appointments.
Several departments, including Environment, Archaeology, Delhi Archives, Women and Child Development, and Industries, engaged these private individuals without obtaining the approval of the competent authority.
Similarly, corporations, boards, societies, and other autonomous bodies, such as DAMB and DPCC, failed to clearly state whether they had obtained the prior approval of the competent authority before engaging these individuals.
The Services Department also discovered that 69 individuals were engaged in the departments of Archaeology, Environment, Delhi Archives, Women and Child Development, and Industries without approval.
It was noticed by the Services Department that Departments like Environment, Archaeology, Delhi Archives, Women and Child Development and Industries have not obtained the approval of the competent authority, before engaging these private persons”.
Furthermore, 13 boards/autonomous bodies engaged 155 individuals without obtaining the necessary approval. Additionally, no information was provided to the Services Department regarding the engagement of 187 individuals in Delhi Assembly Research Centre (DARC), Dialogue and Development Commission of Delhi (DDCD), and Department of Planning, concerning the approval of the competent authority.
However, 11 individuals engaged in departments such as Health and Family Welfare, Food Safety, Indira Gandhi Hospital, and Transport had the approval of the Lieutenant Governor. The Lieutenant Governor noted that the Cabinet Note related to the Chief Minister Urban Leader Fellowship Programme, which engaged 50 Fellows/Associate Fellows, was approved by the competent authority in 2018 and 2021.
The LG has directed all concerned parties to comply with the instructions of the Services Department. Failure to do so may result in appropriate actions, including departmental proceedings, being initiated against the respective Administrative Secretary.
