Who is IAS Ashish More on whose transfer Kejriwal government again went to SC? Know how the real ‘power’ is still in the hands of the Center
The Delhi government has again gone to the Supreme Court and said that its order in transfer posting is not being followed. know the whole story
Delhi’s Aam Aadmi Party (AAP) government has once again approached the Supreme Court and said that despite the order of the Supreme Court, the central government is not accepting its decision related to transfer posting. On May 11, a bench headed by Chief Justice DY Chandrachud of the Supreme Court had given a majority verdict that the Delhi government would have the authority over transfer-posting. The Supreme Court has agreed to hear the petition of the AAP government. Chief Justice DY Chandrachud has said that he will constitute the bench next week.
Where did the controversy start again?
On May 11, within hours of the Supreme Court’s order, the Delhi government transferred Ashish More, the secretary of the state’s services department. But the additional secretary of the department replied that the Delhi government itself does not have the power to transfer or give postings to officers. Because at present the order of the Ministry of Home Affairs is effective, according to which the Delhi LG has the power of transfer-posting. The MHA has neither canceled nor withdrawn its earlier order. In such a situation, the Delhi government should not interfere in transfer-posting until the Center takes a decision.
Who is Ashish More?
Ashish Madhavrao More is a 1995 batch IAS officer. Presently, More is the Secretary, Services Department, Government of Delhi. On May 11, the Delhi government had given posting to 1995 batch IAS officer Anil Kumar Singh of AGMUT cadre in place of More, but this order was not implemented.
In a conversation with The Indian Express, a senior leader of the Aam Aadmi Party said that for the last one-and-a-half years, transfer-posting of officers in the state was done directly through the secretary of the Services Department. From there the file used to go to the Chief Secretary and then to the LG. The state government was not in the loop in transfer-posting. The state government could not even know which officer was posted where. When there was a transfer or a new posting, then it was informed.
But is it that simple?
The Supreme Court had said in its order that the Delhi government can transfer and post administrative officers. But he will not interfere in land, law and police. Apart from this, the Lieutenant Governor will have to obey all the orders of the Delhi Government. The Supreme Court has also clearly drawn the boundary line in its decision. For example, Delhi government will have the right to transfer posting of administrative officers, but the decision of which IAS officer will be posted in the national capital and for how long will still be in the hands of the Centre.
Apart from this, the line has also been drawn regarding some important departments like Home or Vice Chairperson of DDA, MCD Commissioner and Chairperson of NDMC.
In whose hands is the real power?
Speaking to The Indian Express, a former bureaucrat says that since the Supreme Court has said in its judgment that issues related to land and law are outside the purview of the elected government, the LG has administrative authority over it. So the appointment of the Secretary of the Home Department or the appointment of the VC of the GDA will still be in the hands of the Centre. Which is a very important post.
The center will appoint the chief secretary
Similarly, according to the Transaction of Business Rules, the right to appoint the Chief Secretary will rest with the Centre. The Central Government will appoint the Chief Secretary in consultation with the Chief Minister of the State. Which is just a formality in a way. The decision of the Supreme Court will have no effect on this. Let us tell you that the Chief Secretary is the most senior bureaucrat in the government and apart from being the head of the civil administration, he also acts as a link between the LG and the CM. In the year 2015, there was a tussle between the Delhi government and the LG on this issue as well.
