Delhi govt replaces Services secretary, sends file to L-G

L-G House officials, however, said they were yet to receive the file. According to a senior government official, the file, after concurrence from the L-G Secretariat, will be re-sent to the Services department, which will then issue an order regarding Singh’s posting. Delhi government officials said the L-G was bound to agree with the proposal after the Constitution Bench of the Supreme Court, on May 11, ruled unanimously in favour of Delhi government on the issue of who controls the bureaucracy in the capital.

The 5-judge Constitution Bench, headed by Chief Justice of India DY Chandrachud, held that the legislature has control over bureaucrats in administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT): public order, police and land.

More’s was the first transfer to be ordered hours after the verdict had been pronounced in addition to Singh’s posting in his place. Both directions, however, were not complied with immediately and referred to the CSB.

The first meeting of the Board, which comprises the chief secretary, additional chief secretary (general administration) and services secretary, was scheduled to be held on Tuesday but was not convened. Bharadwaj had issued orders instructing the Secretary of the services department to prepare the first draft of the transfer-posting order. “… The two secretaries are junior to the CS and are unable to express their views fearlessly in a physical meeting,” the order had stated.

It had added that views of members will be taken on file instead of being taken physically. “After preparing the first draft, secretary (services) shall then send the file to the other member who will note down his comments. He will then send the file to CS. The CS will put down his comments if needed. The CS will not try to influence the preparation of the first draft or influence the other two members… CS will then present the file to minister in charge who will then take a final decision,” the note had stated further.

The Delhi government had issued a show-cause notice to More for not complying with its direction to replace him with a new officer and threatened disciplinary action against him after he went absent without intimation and was “absconding”.

On Monday, however, the government in an official statement, said that More had “resurfaced” and agreed to comply with the SC order. Delhi government sources said more transfers were in the offing in the coming days.