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Centre revokes Delhi Government order repatriating its Home Secretary Dharam Pal

PTI 11 Jun 2015, 17:05:55 IST
PTI

New Delhi: The Home Ministry has revoked the decision of Delhi Government to repatriate its Principal Secretary (Home) and (Land and Buildings) Dharam Pal to the Centre terming it "ab initio void" and asserted that powers to transfer AGMUT cadre officers rests only with the Centre.

The Ministry has also cancelled the appointment of Ashwani Kumar, AGMUT cadre IAS of 1992 batch, as new Secretary (Land and Building) in the Delhi Government.

Following the directives of the Central Government, Delhi Chief Secretary on Thursday gave the charge of Principal Secretary (Home) and Principal Secretary (Land and Buildings) back to Pal.

"The orders number 296 and 297 stand rescinded in compliance with the orders of Central Government," the Chief Secretary K K Sharma said in his order on Thursday.
In its order, the Union Home Ministry said that it is the cadre controlling authority for AGMUT cadre, which is a joint cadre.

"The DoPT under the All India Service (Joint Cadre) rules, 1972, have constituted a Joint Cadre Authority headed by Union Home Secretary for transfer of officers of AGMUT cadre among the nine constituents under rule 5 AIS (JCA, 1972). Therefore the only competent authority for transfer of officers of AGMUT cadre from one constituent to the other is the JCA," said the order of the Home Ministry to the Chief Secretary, Delhi Government, dated June 10.

The JCA comprises chief secretaries of Delhi, Arunachal Pradesh, Mizoram and Goa while Union Home Secretary heads it.

It allocates IAS officers to any of the states or a Union Territory after examining the services of IAS officers and as per the requests and demands of each administration.
The order said the constituents (Delhi Government) have "no authority" under any rule/law to place the services of any officer of AGMUT cadre with the MHA.

"Therefore, the order numbers 296 and 297 (sending Dharam Pal back to MHA and giving his charge to other officers) issued by GNCTD are ab initio void and you are accordingly directed to rescind the orders number 296 and 297 with immediate effect under intimation to Ministry of Home Affairs and LG, Delhi," it said in directions to Sharma.

Delhi government had ordered to place the services of its Home Secretary Dharam Pal under the Union Home Ministry's disposal giving charge to another AGMUT cadre officer Rajender Kumar through order number 296. The Arvind Kejriwal Government also gave charge of Secretary (Land and Building) to Ashwani Kumar through its order number 297.

"This decision is apparently taken under rule 4(2) of Transaction of Business Rules of Government of NCT of Delhi. This Rule provides power to the minister concerned of the Department for the disposal of the business pertaining to the Department," the order of MHA said.

It said the posting of Secretary (Home) and Secretary (Land) is governed by Rule 55(2)(b) of TBR of GNCTD as per which the Lt Governor shall make a prior reference to the Central Government in the Ministry of Home Affairs in respect of the proposals for the appointment of Secretary (Home) and Secretary (Land).

Home Minstry sources said none of the governments, where IAS officers belonging to Arunachal Pradesh-Goa-Mizoram and Union Territory (AGMUT) cadre serve, has the power to repatriate any officer.

"Allocation and repatriation of IAS officers belonging to AGMUT cadre are done by the Joint Cadre Authority (JCA) of AGMUT cadre," the official said.

A state government can transfer the IAS officers belonging to AGMUT within its administration, give insignificant posts or can keep on compulsory waiting but has no power to repatriate unilaterally, the official said.

In an order, the AAP government on Wednesday placed the services of 1988 batch IAS officer Pal under the disposal of the Union Home Ministry.

Pal had signed a notification appointing Joint Commissioner of Delhi Police M K Meena as new chief of Anti-Corruption Branch following an order from Lieutenant Governor Najeeb Jung.