NCCA reduced to a complete farce, bureaucrats dictating their own will: Delhi CM Office

New Delhi [India], July 2 : Delhi Chief Minister Office on Sunday said that the National Capital Civil Services Authority (NCCSA), established by the Centre through an ordinance to control the transfer of officers, has been reduced to a "complete farce."

The chief minister's office said in a statement that National Capital Civil Service Authority (NCCSA), formed by the Union government's May 19 Ordinance, has been reduced to a "complete farce" with bureaucrats "dictating" their own will and overturning the CM's decisions.

The NCCSA was formed, for the first time in May after the Centre brought an Ordinance and gave it the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.

The statement comes days after the second meeting of the National Capital Civil Services Authority which witnessed a complete disregard for the CM's concerns and directives and exposed how NCCSA is nothing more than a farce.

NCCSA comprises the chief minister as chairperson, with the chief secretary and principal secretary (home) as members. All decisions are taken based on a simple majority.

However, this simple majority has enabled the bureaucrats to override the CM's decisions, effectively granting them unchecked power over the authority's operations.

"This simple majority has enabled the bureaucrats to override the CM's decisions, effectively granting them unchecked power over the authority's operations. Consequently, the Chief Minister's voice, representing the will of the elected government and the people of Delhi, finds itself in the minority within the NCCSA," the statement read.

During the aforementioned meeting, Chief Minister Arvind Kejriwal expressed his concerns and issued several crucial directives pertaining to pending transfer-posting proposals.

These directives included objections to removing competent officers from the Education Department and approving transfers for women officers from their current positions.

A total of 11 women officers had requested transfers on sympathetic grounds. CM supported these requests saying working women handle work at both office and home and therefore their requests must be considered favourably on sympathetic grounds.

Notably, both bureaucrats did not oppose the CM's stand during the actual meeting. However, regrettably, when finalizing the minutes of the meeting, the Chief Secretary and Principal Secretary (Home) callously overturned all of the Chief Minister's decisions, proceeding with their own agenda instead.

As a result, these 11 women officers were denied transfers despite compelling reasons on sympathetic grounds, and competent officers are being removed from the Education department, jeopardising the progress made thus far, read the statement.

These developments raise serious concerns about the underlying motives behind such unilateral actions. It appears that a carefully orchestrated plan is underway to undermine Delhi's education revolution and impede the elected government's achievements.

Furthermore, it has become evident that the NCCSA has been reduced to a farcical body, functioning under the guise of the Chief Minister's Chairpersonship, even though none of the decisions made align with the CM's endorsement, mentioned the official statement.

In the same meeting, the Chief Minister proposed that the posting requests made by Ministers Saurabh Bhardwaj and Raaj Kumar Anand be recommended by the Authority.

"However, the bureaucrats again took advantage of their majority and refused to entertain the matter in the meeting," added the statement.

Before the first meeting of the NCCSA, the CM had explained the fatality of the Centre's ordinance and pointed out several provisions that will effectively render the elected government redundant.

Speaking at a press conference back then, Kejriwal lambasted the draconian anti-Delhi ordinance imposed by the central government and described it as a blatant power grab that has wreaked havoc on the city, added the statement.

The CM highlighted several nuances of the Ordinance that have shifted all powers to the Central government and made the Government of National Capital Territory of Delhi (GNCTD) completely redundant.

The CM argued that the ordinance not only overturns multiple judgements of the Constitution Bench of the Supreme Court but also completely cripples the functioning of the GNCTD.

Notably, on 19th May 2023, the Centre had promulgated an ordinance stating that it was the Lieutenant Governor who had the final say on transfers and postings of Delhi bureaucrats, and not the Delhi government.

The ordinance has been brought in as an amendment to the Government of National Capital Territory of Delhi Act, 1991 and has called for the formation of a 'National Capital Civil Services Authority' that will be a small stakeholder in the decision regarding transfers and postings of bureaucrats serving in the national capital, highlighted the official statement from CMO.

This ordinance effectively overturns the Supreme Court judgement which had said that the "real power of administration resides in the elected arm of the State".

The five-judge Constitution bench of the Supreme Court, led by CJI DY Chandrachud, had said that "a constitutionally entrenched and democratically elected government needs to have control over its administration".

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