Top bureaucrats takes on minister Satyendar Jain over work allocation
In yet another order, Mr Jain has now directed officials in the health department to put up files directly to him
Senior city minister Satyendar Jain, who looks after portfolios of home, health, industries, public works department and power, is embroiled in yet another standoff with bureaucrats over allocation of work to some officers in the departments under his control.
Mr Jain has issued orders to the health, industries and home departments and directed officials to put up files directly to him.
This is perhaps the first occasion when a city minister has allocated work to officials through a signed order. As per the transaction of business rules, principal secretaries are the administrative heads of the government departments. The ministers at best can issue instructions to them.
Mr Jain had earlier issued similar orders to the industries and home departments. However, the trouble is that far as the home department is concerned, it comes under the purview of the Union government through the lieutenant-governor.
Principal secretary (home) S.N. Sahai has already questioned Mr Jain’s powers of allocating work to some officers. Mr Sahai said that the matters to be disposed of by the minister other than those delegated are to be processed through the secretary, who is the administrative head of the department. In a letter to Mr Jain, Mr Sahai said when a civil servant takes a decision, he does not do it as a delegate to his minister. “He does it on behalf of the government. It is always open to a minister to call for any file in his ministry and pass orders.”
The letter, written after the Mr Jain stripped Mr Sahai of certain powers and suspended special secretaries Yashpal Garg and Subhash Chandra, has been marked to lieutenant-governor Najeeb Jung and chief secretary K.K. Sharma. The differences between Mr Jain with Mr Sahai erupted after the officer refused to suspend two of his special secretaries, saying that the minister had no power to act against his subordinates. Mr Sahai said that Mr Jain through his order had created four sections, each under a deputy secretary (home) and listed subjects which are to be submitted to him directly by these officers and those which are to be disposed of by the principal secretary (home). “Such orders are normally issued by the secretary of the department because the power to allocate work within the department is within the province of the secretary.”
The letter said: “Besides role and power conferred by the Allocation of Business Rules and TBR to the secretary, there are matters which are to be disposed of by the secretary because of powers conferred by statue, notifications and delegations by MHA or Hon’ble L-G. The order of 8th January 2016 was erroneous because it attempted to denude the secretary of his statutory functions.” The letter emphasised that the minister-in-charge was not the administrative head of the departrnent, but the secretary is the official head.
In yet another order, Mr Jain has now directed officials in the health department to put up files directly to him. Mr Jain has allocated work to his special secretary, additional secretary, joint secretary and deputy secretary in the health department through his signed order. According to order issued by Mr Jain, the principal secretary /secretary (health and family welfare) shall exercise the powers and perform the functions as per law or as authorised by the minister-in-charge. A senior officer said that by issuing the order the minister has directly infringed on the administrative powers of the secretary or principal secretary of the department.
He said that the minister-in-charge cannot issue any order directing his officials to bypass secretary /principal secretary or heads of departments as secretary is the administrative head of the any department. Another IAS officer said that the minister seemed to be misinterpreting the transaction of business rules 15 and 16 of the GNCTD Rules 1993. “The officials cannot bypass their administrative boss (that may be secretary/HoDs/principal secretary)and cannot report to the minister directly.”
The minister is also said to have issued orders designating officials of health department for various posts. A health department officer said that such orders can be issued only by the administrative head of the department. “The minister has no power in this regard. The minister can instruct secretary/principal secretary or heads of department to this effect, but he/she cannot issue such order with his own signature.”
