Days after the Supreme Court ruled in its favour in the tug-of-war over control of bureaucrats in Delhi, the AAP government shot off a showcause notice to outgoing Services Secretary Ashish Madhavrao More, asking why disciplinary proceedings should not be initiated against him for “violation” of IAS (Conduct) Rules, 1968.
More was removed from the post on May 11, hours after the Supreme Court gave the AAP dispensation control over the transfer and posting of officers in the state.
Rao has also been asked why displeasure of the Delhi government should not be mentioned in his performance appraisal and his ‘attitude to work’ not be recorded as “obstructionist” and “dubious”. The notice also asked him to explain why his decision-making should be recorded as “biased” and “disrespectful of the law”.
The notice, shot off by Services Minister Saurabh Bhardwaj pointed out that More had been absent from office without taking leave and without informing the competent authority. The outgoing secretary had been asked to furnish his reply within 24 hours of receiving the notice on May 13.
The notice came two days after a five-judge Constitution Bench of the Supreme Court ruled in favour of the elected government in Delhi, giving it executive and legislative power over services. Saurabh Bhardwaj had issued an order shunting out the Services Secretary same day.
According to sources in the AAP government, More has not reported for work since the transfer order was issued late afternoon on May 11. He hasn’t applied for leave nor given any representation, while his phone had also been switched off. All these charges find detailed mention in the showcause notice. More has been replaced as Services Secretary by AK Singh, former Delhi Jal Board CEO.
However, both changes made by the AAP government are in a limbo following charges that More’s transfer was “illegal” as it did not comply with the process laid down in the Supreme Court verdict in the TSR Subramanium Vs Union of India case that governs IAS officers. Sources in the Services Department said More’s transfer should have been referred to the Civil Services Board.
In a related development, the AAP government moved the Supreme Court on May 12, alleging that the Centre is not implementing the transfer of the Services Secretary. Senior advocate Abhishek Manu Singhvi appeared before Chief Justice of India DY Chandrachud and argued that the delay amounts to contempt of the May 11 verdict. The matter is expected to come for listing this week.
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