Chief Secy steps in, directs compliance of MHA order

“You are, hereby, specifically directed to comply with the aforesaid orders and ensure that Dharam Pal continues to function as Principal Secretary (Home) and Principal Secretary (Land and Building) without any disruption,” said Sharma. 

He added: “A note of compliance of these directions should be sent to me forthwith.” 

In the letter to Secretary of Services Department Rajender Kumar, who is also Secretary to the Chief Minister, Sharma has cancelled his two previous orders, appointing himself as Secretary of Home Department and Ashwani Kumar as Secretary (Land and Building).

The Chief Secretary’s order is in pursuance with the Wednesday order of Joint Secretary of MHA Rakesh Singh. 

In his order, Singh has quoted relevant sections for the appointment of Secretary (Home) and Secretary (Land and Building) in the city. “The posting of Secretary (Home) and Secretary (Land) is governed by Rule 55 (2) (b) of the Transaction of Business Rules of Delhi Government, as per which the Lieutenant Governor of Delhi shall make a prior reference to the Central government in the MHA in respect to proposals for the appointment of these two posts,” Singh’s order read.

The order further reads: “The Central government under the All-India Service Rules 1972 has constituted a Joint Cadre Authority (JCA) headed by Union Home Secretary for the transfer of officers of AGMUT cadre among the nine constituencies. Therefore, the only competent authority for the transfer of officers of this cadre from one constituent to the other is the JCA. The constituents have no authority under any rule to place the services of any officer of AGMUT cadre with the MHA.” In the case of Dharam Pal, the Delhi government has ordered his repatriation with the MHA.