Rajasthan panchayati raj dept 'turf war': Only DOP can issue adversary order like barring an officer from attending or holding meetings, say legal experts

JAIPUR: There are mixed reactions among legal experts and IAS officers in Rajasthan over the order issued by ACS rural development and panchayati raj department Rajeshwar Singh, which stated that all files pertaining to monitoring and implementation of central and state government-run panchayati raj schemes must be sent directly to him and not through panchayati raj department special secretary Arushi Malik, and also debarring her from attending and holding meetings or video conferences related to the schemes.
While some say, an adversary order (like debarring an officer from holding or attending official meetings) can only be issued by the department of personnel (DOP) and that the officer should have been issued a show-cause notice first and disciplinary action initiated, others say any official who enjoys decision-making power can debar a subordinate officer from attending or holding meetings.
“The head of any department can ask the juniors to send the files directly to him/her. However, one cannot issue an adversary order against a subordinate/junior officer stating that he/she cannot attend or organise meetings or video conferences. Only, DOP has the power to issue an adversary order with the approval of the government (who is the employer). In this case, the special secretary has virtually been put on APO (awaiting posting order). The power to suspend or put someone on APO only comes under the jurisdiction of DOP,” said a senior legal expert, who did not wish to be named.
A senior IAS official said, “The order issued by ACS is blatantly illegal. One cannot seize or dilute the powers of an IAS officer even if he/she is junior to the him/her. If one starts doing that then the whole administrative and government system will start functioning in this manner. If someone is not following the orders (like clearing the files and meeting the target of the schemes) or responding to calls or misbehaving with the juniors, then disciplinary action should be initiated against the officer and must be issued showcause notice. The officer should be given the chance of hearing. But, nobody has the power to dilute/seize one’s administrative powers as per the rules of business. One cannot be asked not to come to the meeting.”
However, another IAS officer said, “Any official who enjoys decision-making power in a department can debar a subordinate or junior officer from holding or attending meetings. He/she is well within rights to take such action.”
Chief secretary D B Gupta had raised the matter with principal secretary to the chief minister Kuldeep Ranka. The final decision on the issue will now be taken by chief Minister Ashok Gehlot.