Section 45H of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Powers and functions of Authority.
1[45H. Powers and functions of Authority.-- (1) Notwithstanding anything contained in any other law for the time being in force, the Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution; and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor: Provided that Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility to any other authority of the Government of National Capital Territory of Delhi.
- (2)The Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and recommend for grant of prosecution sanctions to the Competent Authorities under the relevant Constitutional or statutory provisions against all the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor: Provided that the Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility in respect to such officers serving in the affairs of the Government of National Capital Territory of Delhi to an officer of All India Services.
- (3)The Lieutenant Governor, after the receipt of such recommendation under sub-section (1) or sub-section (2) of this section, may pass appropriate orders giving effect to the recommendation made: Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi: Provided further that in case the Lieutenant Governor differs with the recommendation made, whether based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration by the Authority: Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final.
- (4)Without prejudice to the generality of the provisions contained in sub-section (1), the Authority shall--
- (a)make recommendations to the Lieutenant Governor for framing policies on--
- (i)stability of tenure of posting of officers and other employees;
- (ii)rotational transfers and postings from sensitive to non-sensitive posts and vice-versa;
- (iii)determining suitability of officer for posting as Head of the Department;
- (iv)transfers and postings of all officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
- (b)make policy insofar as it relates to--
- (i)the capacity building of the officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
- (ii)ensuring effectiveness in public services delivery in the Government of National Capital Territory of Delhi;
- (iii)ensuring good governance and e-governance in public administration in the Government of National Capital Territory of Delhi;
- (iv)ensuring greater transparency in the administration of the Government of National Capital Territory of Delhi;
- (v)ensuring the presence of a citizen centric administration in the Government of National Capital Territory of Delhi; and
- (vi)any other matter connected therewith or incidental thereto.]
- (a)make recommendations to the Lieutenant Governor for framing policies on--
Summary
- The Authority recommends Group A and DANICS officer transfers and postings to the Lieutenant Governor, except for those handling public order, police, or land.
- The Authority is also responsible for recommending disciplinary actions, vigilance, non-vigilance matters, and prosecution clearances.
- The Authority can recommend delegating transfer and posting duties to another Delhi government body, or vigilance duties to an All India Services officer.
- The Lieutenant Governor reviews recommendations, can ask for files, and can send them back for written reconsideration, but has the final decision.
- The Authority also recommends policies on tenure stability, rotational transfers, good governance, and public service delivery.
Practical examples
FAQ
1. Which officers fall under the transfer and posting recommendations of the Authority?
All Group A officers (except Indian Police Service officers) and DANICS officers serving in the Delhi Government fall under its scope.
2. Are there any Group A officers whose transfers the Authority cannot recommend?
Yes. The Authority cannot recommend transfers or postings for officers serving in departments that handle public order, police, or land (Entries 1, 2, and 18 of List II of the Constitution's Seventh Schedule).
3. Can the Authority delegate its responsibility to recommend transfers to someone else?
Yes, the Authority can recommend delegating this duty to any other Delhi government authority.
4. What happens if the Lieutenant Governor disagrees with a transfer recommendation made by the Authority?
The Lieutenant Governor can record their reasons in writing and return the recommendation to the Authority for reconsideration. However, if they still disagree, the Lieutenant Governor's decision is final.
5. Can the Lieutenant Governor demand to see the background files of an officer before approving a recommendation?
Yes, the Lieutenant Governor is legally allowed to ask for any relevant material and files regarding the officers before passing orders.
Test yourself
Q1.Under Section 45H of The Government of National Capital Territory of Delhi Act, 1991, which specific categories of civil servants fall under the transfer and posting recommendation powers of the Authority?
Q2.Under Section 45H of The Government of National Capital Territory of Delhi Act, 1991, which subject areas are strictly excluded from the Authority's recommendation powers regarding officer transfers and postings?
Q3.Under Section 45H of The Government of National Capital Territory of Delhi Act, 1991, what is the ultimate result if there is an irreconcilable difference of opinion between the Authority and the Lieutenant Governor on a vigilance recommendation?
Q4.Under Section 45H of The Government of National Capital Territory of Delhi Act, 1991, what must the Lieutenant Governor do if they wish to return a recommendation to the Authority for reconsideration?