 "Kejriwal calls NCCSA farce; L-G office claims CM's statement misleading")
The first meeting of the National Capital Civil Service Authority, constituted through an ordinance by the Centre, has been summoned by Delhi Chief Minister Arvind Kejriwal on June 20 even as he called the panel a "farce".
The NCCSA, which was formed on May 19 by the Centre to bring back executive control over matters related to services to its domain, is likely to discuss disciplinary proceedings against an officer during the meeting. The Delhi CM is the chairman of the authority.
According to an official statement, Kejriwal said even before its first meeting, Delhi Lieutenant Governor V K Saxena and Chief Secretary Naresh Kumar have "colluded" to turn the NCCSA into a "farce" authority.
Reacting to the allegation, an official of the LG Secretariat said it is "shocking that false and misleading statements comprising patently wrong assertions and half-truths are being issued as official statements of the Chief Minister's Office."
No immediate reaction was available from the chief secretary of Delhi.
The Delhi government statement said, "Several proposals related to services are being directly sent by the chief secretary to the LG, bypassing the CM and the NCCSA."
"Two weeks back, the CM and the NCCSA were bypassed by the CS who colluded with the LG to directly issue suspension orders for an officer in another matter," it was alleged in the statement.
However, the LG Secretariat official said contrary to the claims being made by the CM office, not a "single" file pertaining to posting or transfer has been sent to or received by the LG after the ordinance came into effect.
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"As far as the matter of suspension of an official is concerned, it was duly recommended by the authority as per law and the CM, as its chairman, was fully aware of it," he claimed and questioned if Kejriwal was trying to save the "corrupt".
The Delhi government statement also said that the outcome of the authority meeting is already known with two members as officers appointed by the central government and the chief minister being in the minority.
The setting up of the NCCSA came just over a week after the Supreme Court, in its verdict, handed over executive control over services matters to the elected dispensation in Delhi.
The file for action against the officer was placed before the chief minister who had highlighted several "gaps and missing information" in it and directed the chief secretary to urgently furnish the same before the date of the NCCSA meeting can be decided upon.
"However, in a completely shocking and 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. The CM and the NCCSA both were bypassed and the file was placed directly before the LG recommending suspension of the officer," it alleged.
The three-member authority headed by the chief minister also includes Delhi's chief secretary as its member and the principal secretary (Home) as its member secretary.
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 authority, highlights the "malafide intent" of the Centre to "rob" the elected government of Delhi from exercising any kind of power to govern, it alleged further.
The statement also raised questions over the composition of the NCCSA terming it to be of "dubious nature" for placing the chief minister in it with two bureaucrats and providing for a majority mandate.
The transfer and postings of Group A officers, including AGMUT cadre IAS, which were earlier decided by the services department under the jurisdiction of the Lieutenant Governor, will now be dealt with by the NCCSA, according to the ordinance.
Recently, the Ministry of Home Affairs moved 10 IAS officers of Arunachal Pradesh-Goa-Mizoram and Union Territory (AGMUT) cadre to Delhi whose postings are yet to be decided by the newly formed NCCSA.
It was, however, not clear whether the NCCSA will take up the matter of posting IAS officers in its first physical meeting, officials said.
The decision of the NCCSA approved by its three members is to be sent to the Delhi LG for his nod.
The LG may return the file for transfer postings to the NCCSA for reconsideration if he is not in agreement with its recommendations, or he may take his own independent decision which will be final, as per the ordinance.
Kejriwal had termed the ordinance a "direct challenge to the majesty and power of Supreme Court", and asserted to contest it in the apex court when it resumed after the summer break.