Delhi: AAP Govt's first order after SC verdict rejected by bureaucracy

The latest instance of bureaucrats refusing to carry out Government order prompted the ruling Aam Aadmi Party (AAP) to threaten to go to court again indicating a lingering battle between the political executive and the bureaucracy, which allegedly has often worked under the direct command of the Lt Governor, a representative of the Centre rather than an elected Government.

Sisodia issued an order withdrawing all powers of transfer and posting of IAS officers and other employees from the Lieutenant Governor, the Chief Secretary and heads of departments.

The file was sent back the same evening with a detailed note that called Mr Sisodia's order legally untenable.

“The services department had come under the L-G after a home ministry notification issued in May 2015. But the notification addressed to the President, has not been set aside by the Supreme Court,” media reports quoted a Government official as saying. 

This was the Government's first move after the Supreme Court verdict on Wednesday, which went in favour of Chief Minister Arvind Kejriwal and his Government, ruling that the Lt Governor has no "independent decision-making power" beyond land, police and public order, and has to act on the aid and advice of the elected government, which has the real power.

In a series of tweets this morning, AAP said: "The LG can't do transfers as per orders of the Supreme Court and the officers insist they will not obey (Mr Sisodia's) orders till the home ministry notification explicitly quashed. So, will there be no transfer orders in Delhi from now till the decision of Division Bench?"

AAP also tweeted: "Delhi Services Department refuses to abide by @msisodia order, says 'government can't take transfer decisions'. This is a clear violation of the Supreme Court order."

Services has been a bone of contention between the L-G and the Delhi cabinet ever since the AAP came to power in 2015. The controversy erupted after the L-G appointed then principal secretary (power) Shakuntala Gamlin as the interim chief secretary in the absence of KK Sharma. The order drew strong criticism from Kejriwal who called the appointment as illegal.

In August 2016, Kejriwal again criticised the Centre and the L-G for replacing two senior officers, PWD secretary Sarvagya Srivastava and health secretary Tarun Seem, with IAS officers Ashwani Kumar and Chandraker Bharti without consulting him. This was also followed by the CBI raids at his office and arrest of Rajendra Kumar, principal secretary to the CM, in a graft case.