In a major setback to the Arvind Kejriwal Government, Delhi Chief Secretary KK Sharma has directed Secretary (Home) to comply with the orders of the Union Ministry of Home Affairs (MHA) without any delay and send a compliance report. The Chief Secretary’s directive came in the light of a terse official communiqué sent to the Delhi Government from the MHA that said the Delhi Chief Minister does not have authority to transfer the Principal Secretaries of Home and land departments.
This is the first time that Delhi Chief Secretary has taken a firm stand on the controversy regarding the removal of Dharampal from the post of Principal Secretary (Home). The MHA’s directive was delivered to the office of the Chief Secretary of Delhi on Wednesday. Despite MHA’s order, the confusion prevails in the bureaucracy as the AAP Government has not rescinded its earlier order that removed Dharampal from the post of Principal Secretary Home and land.
In his order, the Chief Secretary stated that the MHA has declared Delhi Government’s orders as “ab initio void”. The AAP Government repatriated Dharampal to the Centre. Secretary of Services Rajendra Kumar was given the additional charge of the top post.
“You (Rajendra Kumar) are hereby specifically directed to comply with the orders and ensure that Dharampal, IAS, continues to function as Principal Secretary (Home) and Principal Secretary (land and Building) without any disruption and send a compliance report,” Sharma said in the order.
Earlier, the MHA asserted that authority to transfer AGMUT cadre officers rests only with the Centre. The Ministry has also cancelled the appointment of Ashwani Kumar, AGMUT cadre IAS of 1992 batch, as new Secretary (land and Building) in the Delhi Government.
In its order, the Ministry said that it is the cadre controlling authority for AGMUT cadre, which is a joint cadre. “The DoPT under the All India Service (Joint Cadre) rules, 1972, have constituted a Joint Cadre Authority headed by Union Home Secretary for transfer of officers of AGMUT cadre among the nine constituents under rule 5 AIS (JCA, 1972). Therefore the only competent authority for transfer of officers of AGMUT cadre from one constituent to the other is the JCA,” said the order of the Home Ministry to the Chief Secretary, Delhi Government.
The JCA comprises chief secretaries of Arunachal Pradesh, Goa, Mizoram and Delhi while Union Home Secretary heads it. It allocates IAS officers to any of the States or a Union Territory after examining the services of IAS officers and as per the requests and demands of each administration. The order said the constituents (Delhi Government) have “no authority” under any rule/law to place the services of any officer of AGMUT cadre with the MHA.
On the other hand, hardening it stand tough on the issue, Chief Minister Arvind Kejriwal in its reply to the MHA said that Secretary to the Chief Minister Rajendra Kumar was given the additional charge of the Home department as per the rules that is within the rights of his Government and the Centre should not interfere in such matters.