Annoyed over the Principal Secretary (Home) SN Sahai for defending two DANICS officials who had refused to toe the line on the suspension issued by Home Minister Satyendra Jain, the Delhi Government has clipped the powers of Principal Secretary (Home) pertaining to prosecution, prisons, licensing and others.
The order has been issued by the Home Minister on Friday despite lieutenant-Governor Najeeb Jung giving stern reminder to the AAP Government last year that the Delhi Government should not interfere in the affairs of public order, police, land
and services which fall within the exclusive jurisdiction of the l-G.
As per order, the Home Department will deal only public order, police including railway and traffic police, establishment and service matters of police. "All files related to the subject 'public order and police as specified under Entry no 1 and 2 of list II of the seventh schedule of the Constitution as enumerated in allocation of Business Rules 1993 should be put directly by the deputy secretary (Home-1) to the Principal Secretary (Home) as are "public order, police including railway and traffic police, establishment and service matters of police," the order said.
According to order, deputy Secretaries of Home Department will put up files directly to the Minister in Charge (Home). The files related to many works would be not be put up for Secretary for his approval and it will be directly approved/put up to the Minister in charge.
Officials said the order signed by Minister in charge (Home) is not as per law as he has no authority to issue such order. The provisions of manual of office procedures being followed by both the Centre and State Government officials which categorically stated that Secretary to the Government of India is the administrative head of a Ministry or Department.
"The responsibility of the Secretary is complete and undivided. The deputy secretary is an officer who acts on behalf of the Secretary. S/he should use his/her discretion in taking orders of the Joint Secretary/Secretary on more important cases, either orally or by submission of papers," it said.
According to sources, Sahai had taken a principal stand and opposed the Delhi Government's order to hike the pay and allowances of the prosecution wing officials of Delhi prisons as it has no prior approval of the l-G's office.
He had also advised against the suspension of two special secretaries as MHA was their cadre controlling authority. Annoyed over the suspension order, DANICS officials had gone on mass casual leave for a day while IAS officials went on half day leave in protest of suspension. This had prompted the AAP Government to promote DASS cadre officials and it had agreed upon all demands of DASS cadre in the very next day Cabinet meeting. It is noted that this also needs centre's approval.
The Arvind Kejriwal Government was not happy with Principal Secretary (Home) role in the entire episode.
Interestingly, the Ministry of Home Affairs has also declared the Delhi Government order regarding suspension of officials as illegal and void ab nitio.
Taking a serious note of MHA's dictate, Deputy Chief Minister Manish Sisodia has written to Union Home Minister Rajnath Singh,
refusing to abide by its order
on suspension.