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Now in Delhi, there is a battle against transfer-posting.

New Delhi: Despite the Apex Court’s decision on the
Delhi government and the rights of LG  the dispute is still unmatched. Now there is a sign of growing confrontation between officials of the central and Delhi government regarding the authority. The Aam Aadmi Party on Thursday alleged that the officials are not considering the order of the Delhi government, which is a violation of Supreme Court directives.

There are reports that Delhi Government is preparing to transfer officers. Officials can oppose this decision. A senior bureaucrat that the services department will oppose the intervention and posting done on the instructions of Chief Minister and his Cabinet ministers.

People of Delhi should know that nothing has been said clearly in the Supreme Court order regarding the rights of services. The Delhi Government is claiming that after the Supreme Court directive, the services are now under its control. Deputy Chief Minister Manish Sisodia, while referring to the Supreme Court verdict, said, “The elected government has the power to make decisions in all matters except land, public order and police, including services.” Where the privilege of appointments and transfer outside Delhi or Delhi will remain with the Home Ministry, while the Delhi Government is interpreting the decision in such a way that in all the departments the Delhi government can take a decision to transfer based on its discretion.

The Services Department says that the Supreme Court has not canceled the notification issued by the Home Ministry in May 2015. The matter will now be heard in the Regular Bench. Senior bureaucrats even  believe that till all the rights of services will be within the purview of LG, until this case is not heard.

The Aam Aadmi Party tweeted, “Delhi Service Department has refused to accept the order of Manish Sisodia saying that the government can not take the decision of transfer, it is a violation of the Supreme Court decision.” 

Deputy Chief Minister Manish Sisodia has ordered that the allocation of work, in which department’s chief IAS officers and other level officials will be transferred by the Chief Minister, Deputy Chief Minister and his Ministers.

After the High Court’s decision on August 4, the power of transfer and posting was snatched away from an elected government two years ago. Speaking to the press, Sisodia urged, ” All the powers related to services including transfer and posting  in the departments were vested with LG and other officials .Being the Minister of Services, I have ordered the replacement of this system with immediate effect. “

Challenges before Kejariwal Government

He said that the Chief Minister will have the right to request the transfer and posting of Chief Executives of Chief Minister IAS, DANICS (Delhi Andaman and Nicobar Island Civil Services), All India Services, Central Civil Services and Provincial Civil Services. So far, this right was with LG.
Sisodia said, “The right to transfer and posting of officers of Grade 1 and 2, Private Secretaries and Principal Private Secretaries will be handed over to the Deputy Chief Minister and transfer of employees of Grade 3 and 4 to the Minister of Incharge.” This right was still near the Chief Secretary

At the same time, the Services Department has informed the government that the High Court had entrusted the services of LG in August 2016 to LG. At the same time the Ministry of Home Affairs also issued notification on May 21, 2015. Under the notification, cases related to service matters, public orders, police and land are kept under LG’s juridication.There are also cases related to service of bureaucrats. The Supreme Court has upheld the Center’s notification and the High Court’s decision or has turned it back, in this regard, they have not received any notification. The government’s order on internal transfer and posting is against the law, and it can not be implemented. However, LG House refused to comment on the Aam Aadmi Party’s decision.

After the Supreme Court’s decision,Chief Minister, Arvind Kejariwal has  discussed  in meetings with his cabinet colleagues. He directed the officials to accelerate the delivery of CCTV, ration. Sisodia said, ‘LG had hanged these projects.’

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