The Home Ministry has revoked the decision of Delhi Government to repatriate its Principal Secretary (Home) and (Land and Buildings) Dharam Pal to the Centre terming it "ab initio void" and asserted that powers to transfer AGMUT cadre officers rests only with the Centre.
The Ministry has also cancelled the appointment of Ashwani Kumar, AGMUT cadre IAS of 1992 batch, as new Secretary (Land and Building) in the Delhi Government.
Following the directives of the Central Government, Delhi Chief Secretary today gave the charge of Principal Secretary (Home) and Principal Secretary (Land and Buildings) back to Pal.
"The orders number 296 and 297 stand rescinded in compliance with the orders of Central Government," the Chief Secretary K K Sharma said in his order today.
In its order, the Union Home Ministry said that it is the cadre controlling authority for AGMUT cadre, which is a joint cadre.
"The DoPT under the All India Service (Joint Cadre) rules, 1972, have constituted a Joint Cadre Authority headed by Union Home Secretary for transfer of officers of AGMUT cadre among the nine constituents under rule 5 AIS (JCA, 1972). Therefore the only competent authority for transfer of officers of AGMUT cadre from one constituent to the other is the JCA," said the order of the Home Ministry to the Chief Secretary, Delhi Government, dated June 10.
The JCA comprises chief secretaries of Delhi, Arunachal Pradesh, Mizoram and Goa while Union Home Secretary heads it.
It allocates IAS officers to any of the states or a Union Territory after examining the services of IAS officers and as per the requests and demands of each administration.
The order said the constituents (Delhi Government) have "no authority" under any rule/law to place the services of any officer of AGMUT cadre with the MHA.
"Therefore, the order numbers 296 and 297 (sending Dharam Pal back to MHA and giving his charge to other officers) issued by GNCTD are ab initio void and you are accordingly directed to rescind the orders number 296 and 297 with immediate effect under intimation to Ministry of Home Affairs and LG, Delhi," it said in directions to Sharma.
