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By Kumar Kunal: After a landmark judgment by the Supreme Court, the AAP and Arvind Kejriwal’s government is in celebration mode. But now, the problem lies with the bureaucracy at large. The whole bureaucratic set-up is the most worried lot and fearing a backlash of the judgment.
According to top bureaucratic sources, most of the officers are not quite happy and are afraid that they might have to face repercussions. For the last many years, there was a fight going on between the L-G Secretariat and the elected government of the NCT of Delhi. Now, this judgment will further intensify the tussle and bureaucrats feel that now they have to bear the brunt.
Sources in the top bureaucracy confirmed that soon after the judgment, their WhatsApp group was abuzz with chats about its consequences. Most of the bureaucrats are of the view that after this order, once the MHA will place a bureaucrat with the Delhi government, then they have to abide by the orders of Delhi’s elected government only. They will be placed by the Arvind Kejriwal government and bureaucratic sources confirm that their relationship and earlier experience with the incumbent is not very pleasant. Now, the Delhi government can initiate disciplinary proceedings against any bureaucrat working with the Delhi government, but the final decision has to be taken by the MHA as the central government is still the cadre-controlling authority for this purpose.
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AGMUT cadre officers are also being posted in the states of Arunachal Pradesh, Goa, and Mizoram and the governments in these states have the power to take action against the officers posted under them. The matter is then sent to the central government. A few bureaucrats are of the view that the same powers will now be exercised by the Delhi government unless some clarity will be given by the Ministry of Home Affairs (MHA).
Omesh Saigal, former chief secretary of Delhi, says despite the Supreme Court giving services to the Cabinet, the ultimate hiring power resides with the Centre.
“The Centre has AGMUT cadre for Delhi and Union territories. Grey areas still exist. What happens if Delhi demands its own public service commission after this order that eventually gave them control over services? If they demand so, there’s no Governor in Delhi, who will make recommendations, hiring in such case,” says Saigal.
There is a major confusion prevailing inside the bureaucracy over the future implications of today’s court order. Many of the officers are asking what will be the exact role of the MHA. Till now, the signing authority for their transfer and posting was with the L-G and now the same role will be donned by the Delhi CM, unless he delegates this power to any other minister. Even all the files related to matters other than police, public order, and land will not be sent to the Delhi L-G. Until now, all the files related to any department were used to go to the Lieutenant Governor’s secretariat for the final approval.
Some of the bureaucrats are also not sure about the actual domain of the three subjects which are still with the Delhi L-G. As far as the subject of police is concerned, there is no ambiguity at all. But for subjects like public order and land, many claim that several departments play a dual role. For example, district magistrates (DMs) and sub-divisional magistrates (SDMs) are also responsible for maintaining public order in the areas under their jurisdiction, although as a deputy commissioner they have a role in the revenue collection as well. Apart from these, sub-registrars and MCD officials have a role in the subject of land. So, who will control the transfers and postings is still not quite clear.
The implication of Thursday’s order will also be applicable to the officers coming to and going out of Delhi on deputation. According to former bureaucrats, the Delhi government can’t take any officer from any other state or services without the consent of the MHA on the cadre posts. But, in Delhi, there are several other ex-cadre posts where the Delhi government can bring officers of their own choice from any other state like Punjab, where the AAP is in power as well. Similarly, it can also send an officer from the Delhi government to the other states under the same provision.
There are a few other impacts also which are expected after the Supreme Court order. The Union Territories (UTs) like Puducherry and Jammu and Kasmir which have legislative assemblies might demand a similar bureaucratic set-up and that will create problems for the Union government. Bureaucrats are of the view that in UTs like J&K and Ladakh, which are considered sensitive from the national security point of view, the problem could be bigger if the elected governments demand the same powers.
Due to the ongoing tussle, many of the bureaucrats wanted to stay longer in other Union territories or on a central deputation rather than coming to the Delhi government. A former bureaucrat also confirmed that even officers won’t mind a tough posting like Andamans and Lakshadweep to avoid being scapegoats in a tussle between the Delhi government and L-G which might further intensify after the SC judgment.
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