Delhi LG to act in sole discretion on officer transfers

It introduces a new body, the National Capital Civil Service Authority, to manage the transfer, posting, and disciplinary matters of senior government officers, with the LG holding final decision-making power.

Who it concerns: The law affects the Government of National Capital Territory of Delhi, specifically the Lieutenant Governor, the Council of Ministers, the Chief Secretary, the Principal Home Secretary, and Group 'A' and Group 'B' officers (including All India Services and DANICS officers) serving in Delhi's administration. It also impacts the Union Public Service Commission and the Delhi Subordinate Services Selection Board regarding their roles as recruitment agencies.

What the bill does

• Defines 'Lieutenant Governor' and 'Minister' in the principal Act.
• Changes the LG's role from acting in 'discretion' to acting in 'sole discretion' regarding certain matters.
• Inserts a new Part IV-A titled 'Provisions Relating to the Maintenance of the Democratic and Administrative Balance in the Governance of National Capital Territory of Delhi'.
• Designates the Union Public Service Commission as the Public Service Commission for Group 'A' and Group 'B' gazetted posts in Delhi.
• Designates the Delhi Subordinate Services Selection Board as the recruitment agency for Group 'B' non-gazetted and Group 'C' posts.
• Empowers the Central Government to make rules regarding tenure, salaries, transfers, and penalties for Delhi government employees.
• Mandates that authorities, boards, or commissions under Central laws applicable to Delhi be appointed by the President.
• Mandates that authorities under Delhi Assembly laws be appointed by the LG based on a panel recommended by the new Authority.
• Constitutes the 'National Capital Civil Service Authority' consisting of the Chief Minister (Chairperson), Chief Secretary, and Principal Home Secretary.
• Grants the Authority the responsibility to recommend transfers, postings, and disciplinary proceedings for Group 'A' officers to the LG.
• States that if the LG disagrees with the Authority's recommendation, the LG may return it for reconsideration, and the LG's decision shall be final.

Also in the document

• The Act is deemed to have come into force on the 19th day of May, 2023.
• The Bill explicitly excludes officers serving in matters connected to Entries 1, 2, and 18 of List II (Police, Public Order, etc.) of the Seventh Schedule from the Authority's jurisdiction over transfers and discipline.
• The decision of the Lieutenant Governor is stated to be final in cases of difference of opinion with the Authority.