AAP government suspends Danics officer twice

In an unusual move, the city government has suspended twice an ad-hoc Danics officer for the same offence in the national capital. The officer was first suspended in June 2009 and was again put under suspension for the same offence in December this year in clear violation of the rules.

The matter relates to labour department deputy secretary Vivekanand Sharma, who was first suspended in 2009 in connection with the Delhi State Service Subordinate Board’s Tihar Jail paper leak case.

The officer, who remained suspended for 18 months, was reinstated in December 2010. Since the government failed to file a chargesheet in court till 2013, the officer moved the Central Administrative Tribunal with the plea that his 18-month suspension be considered as a regular service period.

The government then filed the chargesheet against him in September 2014. The court directed the government to decide upon the officer’s case within eight weeks. But the government failed to decide upon his matter in the stipulated timeframe.

The failure of the government to take a call on this matter prompted Mr Sharma to file a contempt case in a Delhi court. After contempt notices were issued to the chief secretary and the director (employment), some senior officers allegedly started to threaten him. “The officers told me to withdraw the contempt petition or face strict action,” Mr Sharma said, adding, “But I categorically told them I will not withdraw my case.”

The government, however, issued an order on November 12 stating that Mr Sharma would neither be regularised nor be paid money for his 18-month suspension. In an-other order on December 2, special commissioner (employment) R.C. Meena again suspended him with immediate effect.

The order said, “While criminal cases and disciplinary proceedings of serious charges framed against Mr Sharma, ad hoc Danics posted as SREO in the Directorate of Employment, are in progress, the competent authority in exercise of powers conferred by sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal Rules, 1965, hereby places Mr Sharma under suspension with immediate effect.”

It is further ordered that during the period this order shall remain in force. “The headquarters of Mr Sharma shall be the Directorate of Empl-oyment, Govt. of NCT of Delhi IARI Campus, Pusa, and Mr Sharma shall not leave the headquarters without obtaining the prior permission of the competent authority.”

Reacting to the Dece-mber order, Mr Sharma claimed that it was in total violation of rules as one person can not be suspended twice for the same offence. He also claimed that suspension order of the Danics officers can be issued only by their cadre-controlling body — the lieutenant-governor of Delhi or the department of personnel and training of the Union government. Mr Sharma has again moved the CAT against his second suspension order.