The confrontation between Raj Niwas and Players Building will aggravate further in the national Capital as there are ominous signs. In an unprecedented move to curtail the power of the lieutenant Governor, the Deputy Chief Minister Manish Sisodia has retained all powers related to transfer and posting of IAS and Delhi Andaman Nicobar Civil Services (DANICS) with himself.
The power to transfer and posting of IAS/DANICS (super-time scale) is vested with the lieutenant Governor. Sisodia, as Minister in charge of Services Department, issued an order dated May 15, 2015 and delegated the all the power vis-à-vis the transfer of IAS officers and DANICS officers to himself and thus, bypassed the order dated May 9, 1994 that vested power of transfer and posting with lieutenant Governor in consultation with Chief Minister.
The question arises, how a Minister in charge of Services Department could usurp lieutenant Governor’s power by his own order. The entire order of Sisodia comes under question as he is not the competent authority to approve the transfer/posting of IAS/DANICS officer. In fact, there is a specific order by the Services Department issued as far back as May 9, 1994, wherein it categorically states that “only lieutenant Governor is the competent authority/approving authority, who can issue orders/proposals regarding transfer/posting of officers (super-time scale) of IAS and DANICS in the national Capital. The lieutenant Governor can issue order in consultation with Chief Minister”.
In fact, the Minister in charge of services, Manish Sisodia seems to be in a great hurry to usurp lieutenant Governor’s powers. The haste shown by him is evident in an order dated May 15, which has been signed by the Minister himself. “In exercise of the powers conferred under rule 15 and 16 of the Transaction of Business of Government of NCT of Delhi Rules, 1993 it is hereby directed that business within Services Department pertaining to transfer, posting and conditions of service of officers and officials of IAS, DANICS and DASS cadre should be disposed according to this order. The transfer/posting of officials up to the level of DASS cadre/stenographer grade I will be approved Principal Secretary (Services) while Chief Secretary will approve the transfer/posting of officers of the level of DANICS ad hoc and entry grade,” the order said.
According to sources, the Minister in charge of Services Department has not taken prior approval of lieutenant Governor before issuing this order. It is noted that lieutenant Governor has firmly overruled the Chief Minister Arvind Kejriwal’s order divesting Anindo Majumdar from the post of Principal Secretary (Services). Kejriwal had given the charge of Services and GAD to his secretary Rajendra Kumar. But the lieutenant Governor on Monday reinstated Majumdar as Principal Secretary (Services). This development is expected to further vitiate the atmosphere between the lt Governor and the Chief Minister, officials on Delhi Government said on Monday.