In a fresh round of tussle between the AAP dispensation in Delhi and the bureaucracy, Services Minister Atishi alleged that the chief secretary has refused to follow her orders for a coordination mechanism to hold meetings of the newly formed National Capital Civil Services Authority (NCCSA).
Reacting to the minister’s claim, Chief Secretary Naresh Kumar said such public statements are being made as attempt to indicate authority by her in areas of services matters and vigilance matters, wherein she does not have any executive powers.
“Atishi is neither a member of the NCCSA nor any role has been assigned to her in the GNCTD Act 1991 regarding NCCSA,” the chief secretary said.
Atishi claimed that she had issued an order on August 16 for establishing coordination among different departments of the Delhi government and the NCCSA which the chief secretary has refused to accept.
“In his 10-page letter on August 21, the chief secretary refused to follow this order,” she said in a press conference.
The NCCSA headed by the Delhi chief minister was formed through a Centre’s ordinance in May this year and handles services matters including transfer and postings of officers in the government.
“If coordination mechanism for holding meetings is not acceptable to the bureaucracy, how will the NCCSA function?” Atishi asked.
She said the Arvind Kejriwal government, despite knowing that the NCCSA was “illegal and unconstitutional” and challenging its formation in the court, had decided to establish coordination mechanism so that works related to Delhi people do not stop.
“If officers refuse to follow orders of the ministers, works for Delhi people will be hampered and delayed,” she said.
Atishi said that the Government of National Capital Territory of Delhi (GNCTD) Act-2023 says that the officers of the Delhi government may refuse to follow orders of the ministers.
“It says that the power for taking decisions will rest with an unelected LG (lieutenant governor) and bureaucracy and not with the elected government and its ministers. Section 45 of the Act says if an officer so wants can deny following order of a minister,” she claimed.
She questioned if Delhi was going to be governed by the bureaucrats now? It’s just the beginning, she said and apprehended that the officers in coming days may refuse to execute plans of the elected government to open new schools and provide free medicines and electricity.
This will shatter democracy and finish transparency since the elected government is accountable to the people.
Atishi had earlier said that there were “several roadblocks” due to which meetings of the NCCSA were hampered.
In the order issued to the chief secretary, Atishi has clarified that for better functioning of the National Capital Civil Services Authority, the provisions of Sections 45H(1) and 45H(2) of the GNCTD (Amendment) Act 2023 should be followed.
In a statement, the chief secretary said, “The Parliament by law (i.e. GNCTD Amendment Act 2023) has inserted section 45C in the GNCTD Act 1991 which provides executive powers to the central government to make rules encompassing all aspects of service matters, including vigilance matters. Therefore, executives powers w.r.t. service matters, including vigilance matters, vest with the central government.” “Further, in case of all Group A officers (including IAS officers) and DANICS officers, the transfer/posting and vigilance matters are to be recommended by NCCSA in terms of section 45H of the GNCTD Act 1991 (as inserted by GNCTD Amendment Act 2023). NCCSA is chaired by Hon’ble Chief Minister and again there is no role assigned to Hon’ble Minister Ms. Atishi in NCCSA,” he said.
It seems that Minister Atishi is trying to capture the executive powers, which are not vested upon her, the chief secretary alleged.
“This is being done when Hon’ble Apex Court has refused to stay the provisions of the GNCTD Amendment Ordinance 2023 (which has now been replaced by the GNCTD Amendment Act 2023). Even she is trying to dictate the NCCSA which is chaired by the Hon’ble Chief Minister.
“This ultimately shows that such public statements are being made as attempt to indicate authority by Hon’ble Minister Ms. Atishi in areas of services matters and vigilance matters, wherein she does not have any executive powers,” the chief secretary said.
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