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Implementing MHA's order will seriously undermine the authority of an elected government
- Manish Sisodia, Delhi Dy CM
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NEW DELHI
Hardening its stance, Delhi government on Monday conveyed to Union Home Ministry it will not implement the Centre's order overturning suspension of two DANICS-cadre officers, saying doing so will lead to “widespread indiscipline, insubordination and a state of “complete paralysis”.
In a letter to Home Minister Rajnath Singh, Deputy Chief Minister Manish Sisodia said the city's Home Minister was “superior” to the special secretaries working under him and therefore has “lawful power” to place them under suspension.
“Implementing MHA's order will seriously undermine the authority of an elected government and promote widespread indiscipline and insubordination among the DANICS officers, which may result into complete paralysis of Delhi government,” the letter said.
Sisodia said revoking the suspension will lead to “anarchy and sabotage” of functioning of a democratically elected government by the bureaucracy, and added “It may also be seen that communication from MHA is merely a letter and not an order of the President of India.” The two officers - Subhash Chandra and Yashpal Garg from Delhi, Andaman and Nicobar Islands Civil Services (DANICS) - were suspended after they reportedly refused to sign Delhi government's cabinet notes pertaining to a salary hike for public prosecutors and prison staff, leading to an unprecedented mass leave by over 250 senior government officials.
The Ministry of Home Affairs had on Friday last declared the decision null and void and said the two officers will be deemed on duty.
Sisodia wrote that if the interpretation of Ministry of Home Affairs (MHA) is taken as correct, it will lead to “complete paralysis” of the functioning of the Delhi government and would be prejudical to the public interest.
“In a way declaration of void ab initio by MHA appears to be without jurisdiction especially when the Constitution has entrusted the responsibility of interpretation of statues and expounding of the law to the courts and not to the Executives,” it further said.
