NEW DELHI, 20 May: The Centre on Friday promulgated an ordinance to create a National Capital Civil Service Authority (NCCSA) for transfer of and disciplinary proceedings against Group A officers from the DANICS cadre.
The ordinance comes a week after the Supreme Court handed over the control of services in the national capital to the Delhi government.
Earlier in the day, Delhi Chief Minister Arvind Kejriwal alleged that the Centre is planning to bring an ordinance to overturn the apex court verdict.
The ordinance states that “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 said.
The NCCSA 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 ordinance said.
“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 NCCSA 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 read.
A Supreme Court order on 11 May had put the control of bureaucrats working with the Delhi government, excluding those related to police, public order and land, under the elected government.
Ordinance unconstitutional: AAP
The Aam Aadmi Party (AAP) on Saturday said the Centre’s ordinance on transfer of bureaucrats in the national capital is “unconstitutional” and a move to snatch the power given to the Delhi government by the Supreme Court on services matters.
Speaking at a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation.
Atishi said the Centre’s ordinance shows that “Prime Minister Narendra Modi is scared of Chief Minister Arvind Kejriwal” and the power of honest politics.
“They are scared that if he (Kejriwal) gets power, he will do extraordinary work for Delhi. The ordinance is an attempt to snatch the power given to the AAP dispensation by the apex court on 11 May. It is the murder of democracy and the Constitution,” she said.
Even if Delhi’s people voted for Kejriwal, this ordinance says he will not run Delhi, the minister said.
The ordinance is “unconstitutional” and will be struck down by the Supreme Court, she said.
“The Centre deliberately chose to bring this ordinance yesterday night. The Supreme Court has closed for vacation for six weeks and this is a deliberate attempt to hamper work,” she charged.
Atishi said that the Supreme Court gave the powers to the Delhi government after an eight-year-long battle.
“But the Centre could not tolerate this. The ordinance provides for the creation of the NCCSA with three members – CM as its chairman and chief secretary and principal home secretary as its members. But it is to be noted that the chief secretary and the principal home secretary will be appointed by the Centre.
“The authority will take decisions on the basis of majority. That means decisions will be taken by the Centre’s bureaucrats. If it takes any decision that the Centre doesn’t like, then the LG will have the power to reverse the decision,” she said.
Atishi underlined that the ordinance makes it clear that the Delhi legislative assembly does not have any power to make laws related to services.
Senior AAP leader and Rajya Sabha member Sanjay Singh also lashed out at the Centre over the ordinance, saying it does not want the Kejriwal government in Delhi to function.
“The Centre doesn’t follow the court orders and it doesn’t care about what the Constitution says. It disregarded a court order by bringing the ordinance to give the control of services back to the LG,” Singh said at a separate press conference.
“The Centre only wants dictatorship. It does not believe in the Constitution or laws of the country and this is why it brought the ordinance. This matter will definitely go to court,” he said. (PTI)