In another confrontation, Centre passes ordinance to override SC's ruling on control of services in Delhi

In another confrontation, Centre passes ordinance to override SC's ruling on control of services in Delhi

The ordinance also establishes a National Capital Civil Service Authority to handle the transfer and disciplinary proceedings of Group-A officers from the DANICS cadre.

FPJ Web DeskUpdated: Saturday, May 20, 2023, 12:02 AM IST
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The central government on Friday night issued an ordinance introducing rules for the Government of National Capital Territory of Delhi (GNCTD) concerning matters such as transfer, posting, vigilance, and other related issues. The ordinance also establishes a National Capital Civil Service Authority to handle the transfer and disciplinary proceedings of Group-A officers from the DANICS cadre.

The ordinance follows a week after the Supreme Court granted control of services in the national capital to the Delhi government.

Ordinance to establish 'National Capital Civil Services Authority'

The Centre has enacted an ordinance to establish the "National Capital Civil Services Authority" in Delhi, consisting of the Delhi Chief Minister, Chief Secretary, and Home Secretary of the Delhi Government. This authority will now be responsible for determining the transfer and posting of Group 'A' officers and DANICS officers serving in the Delhi Government.

"Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final," the order states.

The ordinance further reads, "there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it".

"The authority shall comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who shall be the member secretary to the authority."

"All matters required to be decided by the authority shall be decided by majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary," it says.

The ordinance said that the National Capital Civil Service Authority shall meet at such time and place as the member secretary may decide with approval of the chairperson of the authority, as and when required.

"The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit....

"Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A' officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter," it added.

Supreme Court had give opposing verdict

On May 11, the Supreme Court emphasised the importance of respecting the division of administrative powers between the Union and the Delhi government. The court stated that the Delhi government holds "legislative and executive power over services" in the national capital, including bureaucrats, except in matters related to public order, police, and land.

The five-judge Constitution bench, comprising Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, made it clear that the outlined division of administrative powers must be honored.

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