Ordinance moved to negate SC verdict on Delhi services

A week after the Supreme Court ruled that the Delhi government has control over bureaucrats assigned to departments under its purview, the Union government on Friday evening issued an ordinance restoring to itself the power over "services" by way of making a raft of major amendments in the Government of National Capital Territory of Delhi (GNCTD) Act, 1991.

- Utkarsh Anand

The ordinance also strengthened the position of the Lieutenant Governor (LG), making him the final authority who can act on his "sole discretion" in deciding the matters relating to transfer and posting of bureaucrats. In a move perceived as nullifying the Constitution Bench judgment on May 11, the Centre has introduced a whole new chapter in the GNCTD Act, Part IVA, to create a National Capital Civil Service Authority (NCCSA) and a public service commission for transfers and postings of the officers serving in the affairs of the Delhi government. Delhi, so far, did not have a service commission of its own.

The ordinance now envisages a separate cadre for Delhi, to be drawn from the Union Public Service Commission (UPSC) and the Delhi Subordinate Services Selection Board (DSSSB).

The Delhi chief minister will be the ex-officio chairman of NCCSA, stated the amendment, adding that the Delhi chief secretary and its principal home secretary will be the other two members of this permanent authority that will make recommendations regarding transfer, posting, vigilance and other incidental matters of bureaucrats to the Lieutenant Governor.

At the same time, the ordinance centralises the powers regarding "services" with the LG, stating that the LG will take the final decisions regarding the recommendations made by NCCSA. This committee will decide by voting, and the LG, on receiving the recommendation, will have the discretion to send it back for reconsideration. In the event of any difference of opinion, the opinion of the LG will be final.