lieutenant Governor Najeeb Jung has struck down Delhi Home Minister Satyendra Jain’s directive ordering a cut in salaries of two Special Secretaries of the Home department.
In a communiqué to Chief Secretary KK Sharma, lieutenant Governor’s Secretary SCl Das directed Delhi Government to ensure full compliance of Ministry of Home Affairs’ (MHA) order, dated December 31, 2015, that declared suspension of the two officers void ab initio and non est.
Delhi Home Minister Satyendra Jain on Thursday had directed that two DANICS cadre officers he suspended last month be paid subsistence allowance till reinstatement.
In a communiqué that was marked to Union Home Secretary, Principal Secretary to Chief Minister, Principal Secretaries of GAF, Home, Finance and officers concerned through Principal Secretary (Home) of Delhi Government, the lieutenant Governor’s office said, “the directions of the MHA make it abundantly clear that no adverse action can be initiated against the two Special Secretaries of Home Department, since these orders were without authority of law, void ab initio and non est. Therefore, the order dated January 27, 2016 issued by Minister for Home, GNCTD has no legal sanctity and can not be implemented”.
“The undersigned is directed to refer to the representations received from Yashpal Garg and Subhash Chandra both special secretary (Home) /DANICS, GNCTD vide No.PA/SS-I(H)/Misc./2016/98-109 and No.PA/SSH/Misc./2016/264-274 dated 28.01.2016 respresently against order no.Min.Health/2016/1179-1186 dated 27.01.2016 issued by the Minister for Home (GNCTD, directing the General Administration Department to pay subsistence allowances to the aforementioned officers against their purported suspension,” the communiqué read.
It is noted that the suspension of two Special Secretaries of Home Department, has already been declared illegal. The MHA has also declared that both the officers would not be treated as suspended.
Even, Principal Secretary (Home) of Delhi Government SN Sahai has written a strongly-worded letter to Satyendra Jain for meddling in the day-to-day affairs of the Home Department. He has reminded Jain that the Minister in-charge is not the administrative head of the Home Department as the powers to govern and instruct vest with lieutenant-Governor Najeeb Jung.
In his order, Jain had said, “Whereas Yashpal Garg, special secretary (Home) and Subhash Chandra have been placed under suspension under rule 10(1) of CCS (CCA) Rules 1965 vide order No. Minister Health/8621-8627 dated December 29, 2015. Now, therefore in exercise of the powers conferred upon me under F.R 53 (1) hereby order that two special secretaries of Home Department under suspension shall be entitled to a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave on half pay and in addition dearness allowance as admissible on such leave salary, till revocation of his suspension.”