The Delhi government on Monday hardened its stance and conveyed to the Union home ministry that it will not implement the Centre’s order overturning suspension of two Danics cadre officers, saying doi
The Delhi government on Monday hardened its stance and conveyed to the Union home ministry that it will not implement the Centre’s order overturning suspension of two Danics cadre officers, saying doing so will lead to “widespread indiscipline, insubordination and a state of “complete paralysis”.
In a letter to home minister Rajnath Singh, deputy chief minister Manish Sisodia wrote that Delhi’s home minister was “superior” to the special secretaries working under him and therefore has “lawful power” to place them under suspension. “Implementing the MHA’s order will seriously undermine the authority of an elected government and promote widespread indiscipline and insubordination among the Danics officers, which may result into complete paralysis of Delhi government,” the letter said.
Mr Sisodia said revoking the suspension will lead to “anarchy and sabotage” of functioning of a democratically-elected government by the bureaucracy. “It may also be seen that communication from MHA is merely a letter and not an order of the President of India.”
The two officers — Subhash Chandra and Yashpal Garg from Delhi, Andaman and Nicobar Islands Civil Services (Danics) — were suspended after they reportedly refused to sign the Delhi government’s Cabinet notes pertaining to a salary hike for public prosecutors and prison staff, leading to an unprecedented mass leave by over 250 senior government officials. The ministry of home affairs had on Friday last declared the decision null and void and said the two officers will be deemed on duty.
Mr Sisodia wrote that if the interpretation of the ministry of home affairs (MHA) is taken as correct, it will lead to “complete paralysis” of the functioning of the Delhi government and would be prejudicial to the public interest. “In a way declaration of void ab initio by MHA appears to be without jurisdiction, especially when the Constitution has entrusted the responsibility of interpretation of statues and expounding of the law to the courts and not to the executives,” it further said.
In the letter, the Delhi government cited an old MHA directive under which a government servant may be placed under suspension and quoted sections of the Transaction of Business Rules (Rule 14(2)). “The MHA acted surprisingly fast. While issuance of deemed suspension in case of red handed arrest of S.P. Singh took about 15 days for MHA, it took merely one day to declare the suspension of two special secys void,” Mr Sisodia said.
“The matter was twice placed before L-G, but he never said that he has any disagreement on revision of the remuneration and retairnership fee. He only raised the issue of competence of council of ministers to take this decision without the approval of the MHA, which is subjudice,” it said.
