Suspension of DANICS officers- Jain authorised to take action: Manish Sisodia to Rajnath Singh

Dy CM Manish Sisodia said revoking the suspension will lead to "anarchy and sabotage" of functioning of a democratically elected government by the bureaucracy.

Written by MAYURA JANWALKAR | New Delhi | Updated: January 5, 2016 2:44 am
danics, delhi danics, AAP danics Dy CM Manish Sisodia said revoking the suspension will lead to “anarchy and sabotage” of functioning of a democratically elected government by the bureaucracy.

Deputy chief minister Manish Sisodia Monday wrote to Union Home minister Rajnath Singh stating that it will not be possible for the Delhi government to implement the order of the Ministry of Home Affairs (MHA), which had declared the suspension of two DANICS officers ‘void ab initio and non-est’.

About 150 DANICS officers had gone on a mass leave on December 31 in protest against the suspension of two of their colleagues — Subhash Chandra and Yashpal Garg — by home minister Satyendar Jain. This had led to another confrontation between the AAP government and the Centre. The MHA had written to the Lieutenant Governor stating that the order of suspension was without the authority of law.

In his four-page letter, Sisodia said the Delhi home minister was authorised to take action as per Rule 14 (2) of the Transaction of Business Rules, as the two officials refused to issue orders on the Cabinet decision to increase the remuneration of public prosecutors.

“The Home minister gave written and verbal directions to the two special secretaries to issue orders in consequence of the Cabinet decision. When the two special secretaries openly and categorically refused to do so, the home minister was left with no option but to place them under suspension,” the letter read.
Citing the Central Civil Services (CCS) (Conduct) Rules, 1964, Sisodia also wrote that “when a government servant is given directions by his official superior, he cannot refuse to act on them claiming that the direction did not match his best judgment. When minister of home issued categorical written instruction to special secretary, he could not have refused or failed to carry out those instructions.”

The home minister, he stated, issued the orders of suspension as the “superior controlling authority,” Sisodia wrote.

“The MHA has acted surprisingly fast. While issuance of deemed suspension in case of red-handed arrest of S P Singh (IAS officer arrested for corruption) took about 15 days for the MHA, it took merely one day to declare the suspension of two special secretaries void,” he stated.

Sisodia said that a general order of the central government dated August 9, 1974, empowers all superior officers to suspend their subordinates.
The order, he stated, holds the field and it was ‘totally incorrect for the MHA to ignore that’.

As per the provisions of the CCS (Classification, Control and Appeal) Rules, 1965, Sisodia wrote, “It is erroneous for the MHA to say that no authority other than appointing authority or disciplinary authority could place Group A DANICS under suspension… it is is also erroneous for the MHA to state that the suspension orders were without authority of law.”

“If interpretation of the MHA is taken as correct, it will lead to complete paralysis of the functioning of the government of NCT of Delhi. Such interpretation of rules would be prejudicial to the public interest and it will lead to widespread insubordination, anarchy and sabotage of functioning of a democratically elected government by the bureaucracy.”

Sisoida also stated that the communication of the MHA dated December 31, “is merely a letter and not an order of the President of India”.

 

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  1. I
    Indus
    Jan 5, 2016 at 2:15 am
    Who is shielding corrupt officials ! No officer is bound to obey an un consutional order
    Reply
    1. I
      Indus
      Jan 5, 2016 at 2:18 am
      First of all you read Indian consution and civil service rules. Then u wag ur filthy tongue
      Reply
      1. B
        Balgit
        Jan 5, 2016 at 7:30 am
        Modi Govt encouraging civil (service) disobediance in non-BJP ruled states. Judicary should intervene to protect federalism and unity of the country.
        Reply
        1. R
          Rajesh
          Jan 5, 2016 at 7:37 am
          Agreed. We lived under Indira hi. I think Sonia's father might know more than us though.
          Reply
          1. B
            Bijan Mohanty
            Jan 4, 2016 at 5:28 pm
            People know who is the real thug .
            Reply
            1. B
              Bijan Mohanty
              Jan 4, 2016 at 4:31 pm
              What the Center wants under Narendra Modi's leadership ? Does it want to promote anarchy in Delhi and sabotage an elected government ?
              Reply
              1. B
                Bijan Mohanty
                Jan 5, 2016 at 6:04 pm
                Center promoting anarchy, not Delhi Govt. Brush up your knowledge.
                Reply
                1. B
                  Bijan Mohanty
                  Jan 5, 2016 at 6:00 pm
                  Perhaps you are unaware of the definition of a Criminal. Thats why, you are using the term as per your sweet will.
                  Reply
                  1. B
                    Bijan Mohanty
                    Jan 5, 2016 at 6:03 pm
                    Very practical observation.
                    Reply
                    1. K
                      Karunakaran
                      Jan 4, 2016 at 10:41 pm
                      So long as Indians live in a world of past, amd most do, India will not move forward. For India to move forward, Indians need to elect only well-educated Indians to the parliament, forget about religion and party-politics, and instead focus on building a better India. But unfortunately all the spare energy of Indians is spent on matters of past, of religion and party-politics, and pettiness. Despite having one sixth of world's potion, India is not on the UN Security Council as a permanent member. Despite exporting millions of computer code cutters to other countries, Indians take several days to finish of the terrorists entering a supposedly secure military site, and that despite advance warning that the same site was a target of the terrorists. Indians need to elect educated people to the parliament. Not uneducated like the selfie hunting Gujjubhai.
                      Reply
                      1. A
                        Arjun
                        Jan 4, 2016 at 7:38 pm
                        BJP and AAP are the greatest mistakes we did in Voting them. We will NOT do such mistakes again. While AAP is only interested in fighting, breaking laws and making money for themselves the BJP Modi (MRgt; FEKU) is busy in travelling out to enjoy white women. All prices have gone up, No law and order and corruption has gone up by BJP. We are ashamed to have these two parties in power. SHAME on us for Voting them.
                        Reply
                        1. D
                          Dinesh Singh
                          Jan 4, 2016 at 9:32 pm
                          No only bhakts know.
                          Reply
                          1. D
                            Dinesh Singh
                            Jan 4, 2016 at 9:30 pm
                            Send all DANISC and non performing bureaucrats to home ministry and replace them with professionals. bureaucracy is corrupt and are stumbling blocks to progress. They represent ji hujur and my baap culture. get rid of them.
                            Reply
                            1. O
                              Om Gupta
                              Jan 4, 2016 at 6:44 pm
                              The Center should sabotage the anarchist govt of Delhi. Not the other way around.
                              Reply
                              1. K
                                kamath Ramesh
                                Jan 5, 2016 at 9:30 am
                                Gujarat is one of the state in India and you cannot call people of the state as Gujju. If you are called Madrasi or Mallu how do you feel. Just check how many are educated in the list of Kejri's MLA. Most of them are criminals and would have gone to jail only because they are elected to honor the public sentiment they are not yet arrested. You are ignorant of the fact that PM is relentlessly trying for the UN security seat which was not done since 70 years. Wait for few years Kejri will declare himself as UN General and start taking all actions UNSC would take.
                                Reply
                                1. P
                                  prakash
                                  Jan 4, 2016 at 8:56 pm
                                  writing Prof before name does not make u an intelct...get some brain...do u even know what is fascism?
                                  Reply
                                  1. I
                                    Indian_Mind
                                    Jan 5, 2016 at 5:30 am
                                    and we have pappu holidaying in Eupore
                                    Reply
                                    1. R
                                      Rajiv Pande
                                      Jan 4, 2016 at 8:52 pm
                                      A year and a half later, what do most Delhites think of the AAP govt?
                                      Reply
                                      1. P
                                        Praveen Sakhuja
                                        Jan 5, 2016 at 1:33 pm
                                        Every government when in power tries to led down other parties and teach them to be civilized. those forget when they are in same shoes, same is the condition of BJP, not only in Delhi but in al other states which are being run by other governments. True, AAP should not fall in line to have regular confrontation with Centre, Centre should also refrain from interfering into functioning of state affairs and try to build harmony in public interest. Let AAP falloff its own why BJP is trying to defame self by entering into patty clashes. Let dreams of PM to raise the status of India on peak be given some more time. It is also true t hat PM cannot be a success if his toe line of action with Jaitley and Shah, pushing all senior minister to become spectators. Pathankot tragedy is example to it where Jaitly replaced defense minister to brief the media, WHY
                                        Reply
                                        1. V
                                          Vibhu RATHORE
                                          Jan 4, 2016 at 8:40 pm
                                          And u are the biggest mistake of your father
                                          Reply
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