Delhi: No decision without minister approval, govt warns officers

The order, signed by Social Welfare Minister Rajendra Pal Gautam on July 25, was followed up by a reminder on July 31 after it emerged that the directions were not being followed by various heads of departments. “In the last few months, there have been several instances when matters of urgent and great public importance were dealt behind the back of the elected government. The files were dealt secretly by some bureaucrats, keeping their minister and the CM in dark,” states the July 25 order, issued under Rule 15 of Transaction of Business Rules (TBR).

The AAP government has been trying to assert its primacy in administrative affairs since the July 4 verdict of the Supreme Court’s Constitutional Bench on allocation of powers between the Lt- Governor and the elected government. The verdict did away the need to have the L-G’s concurrence on every matter. The government has now moved a regular bench of the SC seeking clarity on control over transfers and postings of bureaucrats, which was given to the L-G by the Ministry of Home Affairs in 2015 after Arvind Kejriwal took over as Chief Minister.

Meanwhile, a series of directions have been issued through the July 25 order. It has been made clear that “no decision will be taken and no order will be passed by any secretary/principal secretary/chief secretary without the approval of minister-in-charge”.

“Likewise, the views of the department on any issue shall not be communicated without approval of minister-in-charge. Views from another department shall be sought only after seeking approval of minister-in-charge,” the order states.

It also cites Rule 21 of TBR in ordering that all communications received from the Centre, including from the PM and other ministers, be submitted to the CM and ministers as soon as possible. “This rule is not being followed properly.” “It has also been observed that some of the officers are openly flouting the orders/directions of ministers… All officers are directed to comply with the orders/directions of their respective official superiors. Any deviation would be treated as subordination and dealt with accordingly,” it adds.

The government, has in the recent past, put the Food Commissioner on the dock for not complying with an order issued by Kejriwal to implement the doorstep delivery of ration scheme. Home Minister Satyendar Jain had also warned Principal Secretary (Home) Manoj Parida not to take part in any meetings of a panel on CCTVs formed by L-G Anil Baijal.

The July 31 order states: “All concerned are once again directed to scrupulously follow the directions conveyed vide the aforesaid standing order dated 25.07.2018. Stern action shall be initiated against the officers for non-compliance.”