Updated
New Delhi, Dec 31 (PTI): Amid the fresh round of confrontation with the AAP government, the Centre today termed its decision to suspend two DANICS-cadre officers as 'non est' (does not exist) and said the two officers should be considered deemed to be on duty.
The Home Ministry is issuing a formal order terming the suspension order of the two DANICS cadre officers by the Arvind Kejriwal government as null and void.
"The Home Ministry has received a reference from the Lieutenant Governor of Delhi on the suspension of two DANICS officers. It declares the suspension order is 'non est' (mistake or does not exist) and the two officers should be considered deemed to be on duty," a Home Ministry spokesperson said.
The two officers - Subhash Chandra and Yashpal Garg - belonging to Delhi, Andaman and Nicobar Islands Civil Services were suspended after they allegedly refused to sign Delhi government cabinet notes pertaining to a salary hike for public prosecutors and prison staff.
After their suspension, the DANICS officers have decided to go on mass leave today protesting the "illegal" suspension of their two colleagues by the AAP government.
The DANICS officers have maintained that the appointing and disciplinary authority of DANICS officers is the President of India, who acts through the aid and advice of the Union Home Ministry.
They said the Home Minister of the Delhi government has no authority to take any disciplinary action against DANICS officers as specified under the existing rules.
Earlier Report
Delhi govt bureaucrats on mass leave against suspension order
New Delhi, Dec 31 (PTI): Delhi government bureaucrats today went on mass leave to protest against the suspension of two DANICS-cadre officers even as the Union Home Ministry declared the suspension as null and void.
A day after two senior civil service officers of the Home Department were suspended by the AAP government for refusing to sign on a Cabinet decision file, around 200 DANICS officers went on mass leave while 70 IAS officers have gone on half-day leave, showing solidarity with the suspended officers.
The action was taken against Yashpal Garg, special secretary (Prosecution), and Subhash Chandra, after they refused to sign a file pertaining to the Cabinet decision to increase salary of public prosecutors.
However, the Union Home Ministry termed the suspension as null and void.
Delhi, Andaman and Nicobar Islands Civil Service (DANICS) are selected through civil service exams conducted by Union Public Service Commission (UPSC).
Only the Delhi Lt Governor can suspend DANICS-cadre officers with permission from the Union Home Ministry.
Reacting to the protest, Delhi Home Minister Satyendra Jain said DANICS and IAS officers do not have the right to go on strike as it is against their service rule.
Unfazed by IAS and DANICS officers associations' decision to skip work today, he said, "People will be happy if they go on strike. All system pertaining to governance is based online today and government will not suffer."
The Delhi Home Minister further said that Delhi government was ready to grant all officers even one month or 15-day leave if they apply for the same.
"The two officers were suspended for not implementing Cabinet decision on December 28. If they had any problem with my order, they should have approached Chief Minister not LG.Lt Governor has already asked officers to defy government decision," he charged.
"I know that by the evening, LG will declare the suspension of two officers by Delhi Government as null and void," Jain said here.
Jain said that if officers working in the Delhi government have any problem, they can get themselves transferred to the LG office, adding that government will not tolerate "disobedience".
Jain also alleged that BJP is provoking Delhi Government officers to go on strike.
The DANICS Officers' Association comprise around 200 members who hold crucial posts including that of SDM, Secretary to minister and special secretary.
"Delhi Government does not have power to suspend any DANICS officer and it can only recommend suspension of DANICS officer and on this, LG can suspend him or her with permission from MHA," a representative of the association said.
Earlier this month, Kejriwal had also suspended two sub-divisional magistrates for failing to provide instant relief to victims whose shanties were demolished by Railways in West Delhi's Shakur Basti area.
However, these two SDMs are still holding their posts and doing their work.