In yet another order, Delhi Health Minister Satyendra Jain has directed officials to put up files directly to him. Also, the Minister has allocated works to the Special Secretary, Additional Secretary, Joint Secretary and Deputy Secretary in the Health Department with his own signature.
This is the first time that the Health Minister has allocated works to officials with his own signature. Bureaucrats posted with the city Government are not amused as the Minister has a penchant of issuing such circulars at regular intervals. As per the Transaction of Business Rules, Principal Secretaries are the administrative heads of departments. The Ministers at best can issue instructions to them. Jain has reported to have issued similar order to Industries and Home Departments.
According to order issued by the Health Minister on January 21, 2016, Principal Secretary/Secretary (Health and Family Welfare) shall exercise the powers and perform the functions as per law or as authorised by the Minister in-charge.
“Such matters if it requires approval of Minister would be put up to the Special Secretary (Health and Family Welfare) otherwise it would be put up by the concerned officer to the Special Secretary/Additional Secretary/Joint Secretary of the Department and then to Principal Secretary/Secretary for approval. Similarly for all other subjects/issues, the files will be put up by the concerned Deputy Secretary to the Special Secretary/Additional Secretary/Joint Secretary concerned, who would put it up directly to the Minister in-charge for approval. The work allocation to the Special Secretaries and other officers are being issued separately,” the order said.
Officials of the Health Department said with this order the Minister has tried to infringe the administrative powers of the Secretary or Principal Secretary of the Department. “The Minister cannot issue such order in which who direct officials to bypass Secretary /Principal Secretary or heads of departments as Secretary is the administrative head of the any Department,” said officials.
According to officials, the Minister is seems to be misinterpreted the Transaction of Business Rule 15 and 16 of the Government of National Capital Territory of Delhi Rules 1993. In the bureaucracy, the officials whether Special Secretary/Deputy Secretary/Joint Secretary or Additional Secretary cannot bypass their administrative boss (that may be Secretary/HoDs/Principal Secretary) and cannot report to the Minister directly.
Besides, the Health Minister has also issued order designating officials of Health Department at various posts. “Such order can only be issued by administrative head of the Department. The Minister has no power in this regard. The Minister can instruct Secretary/Principal Secretary or heads of Department to this effect but s/he cannot issue such order with his own signature,” the officials said.