Published On: Fri, Mar 11th, 2016

HC refuses to hear separately a plea against bureaucrats

New Delhi: The Delhi High Court today refused to hear separately a plea seeking action against bureaucrats who went on mass leave to protest against the suspension of two DANICS cadre officers by the AAP government on December 29 last year.

AAP leader and Delhi Chief Minister Arvind Kejriwal

AAP leader and Delhi Chief Minister Arvind Kejriwal

A bench of Chief Justice G Rohini and Justice V P Vaish said that it will not review its order of tagging the petition along with 10 other pleas in which it is hearing the issue of interpretation of Article 239AA regarding the powers of the Lieutenant Governor (LG) on governance of Delhi.

“We are not going to review our order at this stage,” the bench said, while dismissing an application filed by a social activist into his pending plea, which has sought an enquiry to identify the officers who have instigated the unauthorised mass leave and disciplinary proceedings should be initiated against them.

The application by petitioner Indu Prakash Singh said that he has been attending the hearings and had observed that the issues raised by him were not addressed.

The bench on January 8 had said that it will hear his plea along with petitions relating to the spat between the Centre and the Delhi government it is hearing.

On December 31 last year, around 200 DANICS (Delhi, Andaman and Nicobar Islands Civil Service) officers had gone on mass leave after two senior civil service officers of Delhi government’s Home Department were suspended for refusing to sign on a cabinet decision file. 70 IAS officers had also gone on half-day leave that day in solidarity with the agitators.

The Union Home Ministry had termed the suspension by the Delhi government as null and void.

Singh has said the Supreme Court had held that “public servants do not entertain legal right to strike” and therefore the act was “illegal”. It said the officers by going on mass leave had violated Central Civil Services Conduct Rules, which prohibited them from doing so.

“Direct the Union of India and Delhi government to take appropriate steps to ensure that such acts are not repeated in future,” the petitioner has said, adding that mass leave by the officers “should be deemed as break in service”.

“The inaction on the part of the government sends a wrong message to the citizens and reinforces the public perception that India is democratic only in form and in reality different standards apply to the governors and the governed,” it has said.


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