After big SC win, AAP issues transfer order only to be rejected by officials

Mumbai: Soon after the Supreme Court delivered its verdict, which was hailed as “a big victory” by Delhi Chief Minister Arvind Kejriwal, the Delhi government introduced a new system for transfer and postings of bureaucrats, making the chief minister as the approving authority.

However, Deputy Chief Minister Manish Sisodia was told by the services department that the order issued by him cannot be implemented as it was “legally incorrect”.

Senior bureaucrats working with the Delhi government claimed that 'services matter' still lies with the office of Lt Governor because Delhi is a union territory, and services matter does not fall under the concurrent and state lists.

A top officer also claimed that the apex court has not set aside the May 2015 notification of the Ministry of Home Affairs, according to which services matter lies with the L-G.

The return of the order by the bureaucrats seems to indicate that the tussle between the AAP government and bureaucracy is not going to end soon.

Also Read: L-G can’t be obstructionist, must act harmoniously with Delhi govt, says SC

According to the order issued by Sisodia, the chief minister will approve transfers of IAS, DANICS, all-India services officers, equivalent officers of the central civil services and provincial civil services. Such orders were earlier being approved by the L-G.

Also, Delhi Administrative Subordinate Services (DASS) Grade-I, II, principal secretary and private secretary will come under the Deputy CM, who will be responsible for their transfer and posting. Minister-in-charge will have a say in transfer and posting of DASS grade-III and IV officers and of stenos.

Addressing a press conference, Sisodia had said the central government and lieutenant governor had "misinterpreted" rules by adding services matter in "reserved subjects" and they should "apologise" for this.

The deputy CM also said the Delhi government doesn't need to get its decision approved by the L-G.

But the implementation of the order remains uncertain as bureaucrats returned the file, saying it was legally untenable, a report in Hindustan Times said.

This comes as a huge setback for the ruling party which received a relief on Wednesday from the Supreme Court. In a landmark decision, the apex court had said that the Lt Governor had no independent decision-making powers beyond land, police and public order and therefore he should not act as an obstructionist. The court also underlined the primacy of the elected government over the L-G.

However, reacting to the judgment, members of the IAS association said the verdict does not completely go in favour of Arvind Kejriwal.

“Only the contours of the constitution was laid out and the principles for the L-G and the government were stated. The only relief the AAP government got is that now it won’t need the L-G’s concurrence on every file,” a bureaucrat told Hindustan Times.

The judgement by a five-judge constitution bench, headed by Chief Justice Dipak Misra, laid down broad parameters for the governance of the national capital, which has witnessed a bitter power tussle between the Centre and Delhi government since the Aam Aadmi Party government came to power in 2014.

(With PTI inputs)