In a total disregard of the Ministry of Home Affairs (MHA)’s orders regarding the suspension of two special secretaries to the Home Department, the Delhi Government has ordered reduction of 50 per cent of their salaries during suspension period. The orders were signed by Home Minister Satyendra Jain. The suspension of two special secretaries of Home Department, Yashpal Garg and Subhash Chandra has already been declared illegal, invalid and void ab initio. 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.
Following the MHA orders, Deputy Chief Minister Manish Sisodia in a written communiqué to Union Home Minister Rajnath Singh stated that the Delhi Government would not abide by the Ministry’s order pertaining to two special secretaries of Home Department as this may give bad impression on the part of the Government.
In the fresh order, Jain 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 Yashpal Garg, special secretary (Home) under suspension shall be entitled to a subsistence allowance at an amount equal to the leave salary which the Government servant would have been 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.” The same would be restored when their suspension order is revoked or declared illegal.
Meanwhile, officials of the Delhi Government termed the Delhi Home Minister’s order as clear violation of rule as he has no powers in this regard.
“What is the point of issuing such orders when the MHA had declared the suspension as null and void and illegalIJ This is utter violation of MHA orders. There is no question of any subsistence allowance and hence the said order of subsistence allowance is infructuous”.
“The Rule 52 of the Transaction of Business of the Government of NCT of Delhi Rules 1993 says that where a direction has been given by the lieutenant-Governor in pursuance of rule 51, the Minister concerned should take action to give effect such direction,” officials said.
In the letter to Jain, Sahai has said that when a civil servant takes a decision, he does not do it as a delegate to his Minister. “He does it on behalf of the Government. It is always open to a Minister to call for any file in his Ministry and pass orders.” It said, “Executive Functions of the Governments are carried out by the permanent bureaucracy selected and appointed through well laid down procedures. After disposal of some proposals and matters by the Minister-in-Charge, authentication of the decisions/ documents under the Govt. of NCT of Delhi (Authentication of orders and other instruments) Rules 1992 is done by the permanent bureaucracy.”
Both Garg and Chandra, two senior-most DANICS officials posted as special secretaries with the Home department, suspended last month after as they had allegedly refused to sign two cabinet notes. The move led to yet another tussle between the government and the lieutenant Governor, as only the lieutenant Governor can suspend senior DANICS officials with permission from the Home Ministry.