Delhi Minister Atishi Gives New Order On Transfer-Posting, Vigilance

Delhi Services Minister Atishi Wednesday issued a fresh order asking Chief Secretary Naresh Kumar to ensure files on transfer-posting of officers and vigilance matters be presented to the National Capital Civil Services Authority (NCCSA) only after her approval.

She said the three-member NCCSA will meet regularly until any new order is issued by the Supreme Court. "Despite challenging this legislation (GNCTD ordinance) in the Supreme Court, we will comply with it as long as it remains prevalent as a law passed by Parliament," she said.

The NCCSA was formed after the Centre issued an ordinance in May. The ordinance has now been replaced by the Government of National Capital Territory of Delhi (Amendment) Act, 2023.

The AAP has been alleging the Centre was trying to take control of Delhi's services matter through the ordinance which was promulgated a week after the Supreme Court ruled that the transfer and posting of official working in Delhi was under the city government's domain.

Under the NCCSA envisaged in the new law, the three-member body is headed by the chief minister with the chief secretary and the principal secretary (home) of Delhi as members. All decisions will be taken by majority, effectively meaning decisions taken by the two bureaucrats would prevail.

Kejriwal had earlier said the authority was created as part of a "conspiracy" to control the capital by stealth.

Atishi, who was recently allocated the Services and Vigilance portfolios, issued fresh directions on Wednesday to the chief secretary which means no file related to transfer-posting of grade A officers would be put to NCCSA unless approved by her.

Atishi asked the chief secretary to follow the provisions of Sections 45H(1) and 45H(2) of GNCTD (Amendment) Act 2023 for "better functioning of the National Capital Civil Services Authority (NCCSA)".

"All proposals for transfers and postings under Section 45H(1) will be put up to NCCSA with the approval of Minister Services. After obtaining the approval of Minister Services, Secretary Services shall send the proposals to the Member Secretary of the NCCSA for putting up before the NCCSA," she said in the order.

"All proposals for vigilance and non-vigilance related matters under Section 45H(2) will be put up to NCCSA with the approval of Minister Vigilance. After obtaining the approval of Minister Vigilance, Secretary Vigilance shall send the proposals to the Member Secretary of the NCCSA for putting up before the NCCSA," she said.

She said that under Section 45H(1) of the GNCTD (Amendment) Act 2023, the NCCSA will be responsible for the transfer and posting of all Group-A and DANICS officers in Delhi, she has said in the order.

And as per Section 45H(2), she said, it will be the responsibility of the NCCSA to recommend initiating disciplinary action for all Group-A and DANICS officers associated with vigilance and non-vigilance cases in Delhi, with the aim of starting disciplinary proceedings and recommending sanctions for the same.

"We have issued an order outlining procedures that facilitate coordination between the Delhi Govt's departments and NCCSA with regular meetings planned. This comprehensive order includes all the necessary steps and procedures for said coordination to ensure the smooth functioning of the authority and the NCT, " Atishi told reporters outside the Delhi Assembly.

Atishi also said Chief Minister Arvind Kejriwal will now participate in all its meetings as the chairperson.

The AAP had vehemently opposed the GNCTD Act, 2023 and the ordinance that preceded it, saying it gives control to the LG, appointed by the Centre, over the transfer of posting of officials working under the Delhi government.

However, Atishi told reporters on Wednesday now regular meetings will be held.

"Meetings of the authority have not been held in the past few months due to some reasons, resulting from a deadlock between officers and the government. But now, the Kejriwal Government has issued orders to conduct these meetings on a regular basis, because the Kejriwal government firmly believes in and abides by the authority of India's Constitution." She added the decision was made to ensure effective coordination between departments of the Delhi government and the National Capital Civil Services Authority, preventing any disruption of work for the people of Delhi.

"Chief Minister Arvind Kejriwal will participate in all NCCSA meetings as the chairperson because he is concerned for the citizens of Delhi and he respects the Constitution.

The minister said they have challenged the Bill in the Supreme Court and key question raised still remain unanswered.

Atishi was also questioned about the clocking of Delhi Jal Board funds, she said, "Due to the ordinance brought by the Centre, the officers are working as per their whims because they know they are answerable to the Lieutenant Governor and not the elected government in Delhi."

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)