In response to a recent Supreme Court order granting control over services to the Delhi government, the government has instructed its departments to suspend action on directions issued by Lieutenant Governor (LG) V K Saxena in recent months. Following the court’s judgment, ministers-in-charge issued directions on May 12, urging departments to adhere strictly to the transaction of business rules (TBR) and avoid submitting files directly to them through the chief secretary.
A circular issued by the Delhi government on Monday requested various departments to temporarily halt the implementation of all directions issued directly by the LG in the past few months. The circular stated that the LG had issued several directives directly to departments via the chief secretary, bypassing the elected government. It emphasized that the Supreme Court’s Constitution Bench, in its 2018 order and a recent order on May 11, clearly stated that the LG is bound by the aid and advice of the Council of Ministers on all subjects, including services, except for three subjects: land, public order, and police. Therefore, direct orders from the LG to the departments are deemed unconstitutional and contrary to the Supreme Court’s orders.
The circular instructed department heads to compile a list of directions issued directly to them by the LG and refrain from taking further action on them until receiving instructions from the ministers-in-charge. Before the Supreme Court’s order on May 11, the services department was under the executive control of the LG. The government also highlighted non-compliance with TBR provisions and directed strict adherence to them.
Furthermore, it was directed that department secretaries should present files directly to the minister-in-charge instead of going through the chief secretary. This instruction is in line with Rule 15.2 of the TBR. Files related to subjects mentioned in Rule 23 should be sent to the LG through the chief secretary and chief minister. All such files must first be presented by the department secretary to the minister, quoting the applicable sub-rule of Rule 23. The minister will then provide their findings, and if in agreement with the secretary, note their approval and return the file to the secretary. Finally, the secretary will send the file to the LG through the chief secretary, minister, and chief minister.
The order also pointed out that the chief secretary lacked the authority to give directions directly to officers under the TBR. Any such direction from the chief secretary should be presented to the minister for appropriate instructions, and any violation of this process will be viewed adversely.