Chief Minister Shri Arvind Kejriwal, the ex-officio Chairperson of the National Capital Civil Services Authority (NCCSA) has summoned the first meeting of the authority on 20th June. The authority is likely to discuss disciplinary proceedings against an officer. However, even before the first meeting of the NCCSA could be convened, it has become clear that the authority is nothing but a farce body. Several proposals related to services are being directly sent by the CS to the LG, bypassing the CM and the NCCSA. Two weeks back, the Chief Secretary and the Lieutenant Governor have colluded to bypass the CM and the NCCSA and directly issue suspension orders for an officer in another matter. It may be noted that the outcome of any authority meeting is already known with two members as officers appointed by Central govt and CM being in minority. Now, due to the collusion of the LG and CS, the farce authority meeting itself is not being held reducing it to a mere showpiece.
In an extremely shocking and distressing series of events, two weeks back, a file had been placed before the CM for the suspension of an officer. The matter was placed before the CM as per Sub-Section (2) of Section 45H of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which states ‘The National Capital Civil Service Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of disciplinary proceedings and prosecution sanctions against all the Group ‘A’ officers, including the officers of All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi.’ The ordinance had appointed the CM as the ex-officio Chairman of the Authority with the Chief Secretary and Principal Secretary (Home) as members.
Upon receiving the file, the CM highlighted several gaps and missing information in the file and directed the Chief Secretary to urgently furnish the same, before a meeting time and date of NCCSA can be decided upon. Section 45F(1) of the The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 states, ‘The National Capital Civil Services Authority shall meet at such time and place as the Member Secretary may decide with the approval of the Chairperson of the Authority, as and when so required.’
However, in a completely shocking & brazen disregard of Section 45F(1) of the Centre’s Ordinance and established constitutional practices, the Chief Secretary overruled the directions of the Chief Minister. Instead of complying with the directions of the elected Chief Minister, the Chief Secretary bypassed the CM and the NCCSA and placed the file directly before the LG recommending suspension of the officer. The same advice was duly and immediately acted upon by the LG.
Apart from this matter, it has also been learnt that several other proposals related to services are being directly sent by the CS to the LG, bypassing the CM and the NCCSA completely.
The fact that the CM’s authority as the Chairperson of NCCSA has been completely subverted by collusion of the LG and the CS even before the first meeting of the National Capital Civil Service Authority (NCCSA) could take place clearly highlights the malafide intent of the Centre to rob the elected government from exercising any kind of power to govern Delhi. The composition of the NCCSA itself is of dubious nature. The Centre has placed the CM and two bureaucrats, (Chief Secretary and Principal Secretary (Home)) together in one Authority, and dictated a mandate of majority vote for the committee’s decisions.
In this manner, the outcome of any authority meeting is already known with two members as officers appointed by Central govt and CM being in minority. Now, due to the collusion of the LG and CS, the farce authority meeting itself is not being held reducing it to a mere showpiece with absolutely no powers with the elected government.
