Arvind Kejriwal
India Politics

AAP mulling to move court if bureaucrats do not adhere to orders

The Aam Aadmi Party (AAP) may file contempt of court petition if bureaucrats continue refusal to abide by government directions.

Top sources in the Chief Minister’s office said the government is deliberately moving to court in case the bureaucracy does not abide to implement government decision.

The strategy is to ensure the government’s view is out in public domain prior to any such legal action. Hence, letters are written and news conferences are organised to ensure their perspective and attempt has been expressed.

The government claims some transfers are to ensure honest officers are given appropriate profiles.

Government sources feel the bureaucrats are in no mood to work under direct orders of Arvind Kejriwal and will continue to keep loyalty to the Narendra Modi-led union government, which appoints the officers.

WHAT DO RULES SAY

As per Transaction of Business Rules, 1993, “All correspondence with UPSC and central government regarding recruitment, in connection with the administration of NCT shall be conducted by the chief secretary or secretary of the department concerned under the direction of L-G”.

Once the cadre is decided, and considering if it is UT cadre like Delhi, the elected government then holds influence in inter-department posting and reshuffle.
It seems a unanimous decision from the bureaucracy that until further clarity from the Supreme Court about who has total authority over officer postings and services department, they would not follow the Delhi government with complete jurisdiction. They fear the government may abuse powers by misleading public discourse.

WHY THE CONFRONTATION

Hours after the Supreme Court’s verdict, the Delhi government issued directions that all IAS and DANICS officers would be now under the complete authority of the Chief Minister.

Secretary of services forwarded the order to the chief secretary. However, the chief secretary sent back stating they do not have enough clarity yet on the same as the MHA notification has not yet been struck down.

Delhi CM sent out a veiled threat and said, “All officers should respect and obey SC’s order. Open defiance of SC’s order shall invite serious consequences. It will be in no one’s interest.”

Deputy CM Manish Sisodia sent out a message to officers asking officers to issue orders. “Non-compliance would lead to contempt of SC and the officer shall face disciplinary proceedings,” he said.

Earlier on Thursday, CM Kejriwal wrote a letter to L-G Anil Baijal stating, “If files related to services are placed before L-G, and L-G acts on them, then this would amount to contempt of court. I am sure L-G would not want to knowingly attempt contempt of court.”

It seems that despite the court verdict clarifying many details, the tussle has now moved from L-G’s door closer to that of CM secretariat. The confrontation now would be with the bureaucrats.

 

 

 

News credit : Indiatoday

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