)
The Union home ministry on Thursday rejected the Delhi government’s order removing Dharam Pal as principal secretary (home) and repatriating him to the Centre.
It repeated its view that powers to transfer officials of the Arunachal Pradesh, Goa, Mizoram and Union Territory cadre lay solely with the Centre. Delhi Chief Minister Arvind Kejriwal wrote to the ministry within hours, stating the state government was within its powers to offer “additional or temporary charge” to senior officials and the Centre should not interfere.
Principal Secretary (Home) Dharam Pal was caught in the cross fire after he had acted on LG Najeeb Jung's orders and appointed MK Meena, Joint Commissioner of Delhi Police as new chief of Anti-Corruption Branch, much to the annoyance of the Kejriwal led Delhi government. Subsequently he was removed and Principal Secretary of Services Department Rajendra Kumar was given additional charge. However, Lt Governor Najeeb Jung rejected Dharam Pal's repatriation and asked him to continue.
Today's MHA directive declaring the Delhi government order "ab initio void", backed the L-G's decision.
In its detailed order the MHA stated, "The DoPT under the All India Service (Joint Cadre) rules, 1972, have constituted a Joint Cadre Authority headed by Union Home Secretary for transfer of officers of AGMUT cadre among the nine constituents under rule 5 AIS (JCA, 1972). Therefore the only competent authority for transfer of officers of AGMUT cadre from one constituent to the other is the JCA." The Joint Cadre Authority JCA includes chief secretaries of Delhi, Arunachal Pradesh, Mizoram and Goa while Union Home Secretary heads it.
Delhi Chief Secretary KK Sharma then acting on the fresh orders cancelled Dharam Pal's repatriation to the Centre.
Chief minister Kejriwal then fired back and in a letter to the Union Home Ministry said as per provisions of the Constitution and GNCT Delhi Act, the city government was well within its right to give "additional or temporary charge" to senior officials.The CM asserted he was within his rights to surrender Dharam Pal back to the Home Ministry." He insisted that Rajender Kumar had only been given given additional charge till a new home secretary is picked. Thereby signalling another round of administrative blows between the Lt Governor through the L-G and the Centre.
