Making a U-turn on its order of last Friday, the AAP government has restored the “clipped” wings of its principal secretary (home), S.N. Sahai. Mr Sahai had reportedly defended two special secretaries of the home department — Yashpal Garg and Subhash Chandra — who were suspended by the city government. Till date there has been no rectification of the order pertaining to the two officers as they have been coming to office despite the city administration not assigning them any work.
It is reliably learnt that the AAP government was still treating Mr Garg and Mr Chandra as suspended despite the Union home ministry’s order declaring their suspension non est (non-existent) and illegal.
The allocation of business rules categorically state that the Delhi government has no power to issue any direction that comes under the jurisdiction of the Centre. The city minister’s order had been termed illegal as the department of home is under the Centre.
While modifying his order, Delhi home minister Satyendra Jain said on Monday that deputy secretary (Home IV) shall put up the parole case to principal secretary/secretary (home). Thus, the deputy secretary (Home IV) has been directed to put up files pertaining to parole cases before the Principal Secretary/Secretary.
As per earlier instructions, the deputy secretaries were looking into state subject matters, such as Delhi fire services, licensing, jail, internal security, and others. The home minister had also distributed a list with 42 subjects — including prosecution, internal security, criminal law and others — among junior officials and asked them to report directly to him, not the home secretary, on these issues. Lieutenant-Governor Najeeb Jung also claims jurisdiction on some of these issues.
The list also includes magisterial inquiries and enquiry commissions. At present the Delhi government and the Union home ministry are on a collision course over whether the commission of enquiry probing alleged financial irregularities in the DDCA is constitutionally valid.
A source said the provisions of manual of office procedures being followed by both Centre and state government officials in Chapter 3 categorically mentions that the secretary to the government of India was the administrative head of a ministry or department.
