Haryana

CHIEF SECY'S LATEST REDESIGNATION NOTIFICATION MENTIONS VIGILANCE & HUMAN RESOURCES AS DEPARTT, HOWEVER OFFICIALLY THEY ARE NOT, SAYS ADVOCATE

March 30, 2023 09:37 AM

STATE GOVT BUSINESS ALLOCATION RULES MENTION BOTH AS PART OF GENERAL ADMINISTRATION DEPARTMENT ITSELF  

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On 27 March 2023, a Gazette Notification has been published by Personnel Department of Haryana Government wherein in pursuance of a recently issued Order dated 9 March 2023 and in partial modification of an earlier Notification dated 13 Dec 2021, the incumbent Haryana Chief Secretary (CS), Sanjeev Kaushal, IAS (HY: 1986) has been re-designated as Chief Secretary to Government, Haryana, General Administration, Human Resources, Personnel & Training, Parliamentary Affairs, Vigilance Departments and Secretary Incharge of Plan Coordination. 

Pertinent that before issuance of the aforementioned Order dated 9 March 2023, CS Haryana was fully designated as Chief Secretary to Govt, Haryana, General Administration, Personnel, Training, Parliamentary Affairs, Vigilance, Administrative Reforms Departments & Secretary Incharge of Plan Coordination. 

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar said that recent amendments made in Business of the Haryana Government (Allocation) Rules, 1974 necessitated re-designation of CS Haryana along with certain senior IAS officers, for which a Order was firstly issued on 9 March 2023 and now a Notification has been issued and published in State's Official Gazette in respect of redesignation of CS Haryana under the name, seal and signature of Pankaj, Special Secretary to Government Haryana, Personnel Department.

The Advocate elaborated that the Business of the Haryana Government (Allocation) Rules, 1974 as made by the Governor of Haryana in exercise of the powers conferred by Clauses (2) and (3) of Article 166 of the Constitution of India have been amended from time to time and the most recent amendments have been notified and enforced with effect from 1 January 2023 and 6 March 2023. 

Meanwhile, Hemant asserts that still in the redesignation of CS Haryana, the mention of Human Resources and Vigilance both as Departments is not correct since as per 1974 State Business Allocation Rules,both Human Resources and Vigilance are not separate Departments (Portfolios) but they rather come under the same Head i.e. General Administration Department. Hence, when the word/term General Administration is itself mentioned in the full designation of Chief Secretary, there is literally no need for further mentioning of Human Resources and Vigilance which actually are Sub-Heads and as such not Departments in themselves but actually part and parcel of the General Administration Department itself. 

Pertinent that as per latest amendment dated 1st Jan 2023 in Business of the Haryana Government (Allocation) Rules, 1974, Administration Reforms which earlier used to be mentioned as separate Sub-Head i.e. (F) under the Head of General Administration Department was omitted and the entries beneath therein were transferred to Sub-Head (B) i.e. General. This is why mention of Administrative Reforms has been dispensed with in the latest redesignation Notification of CS, Haryana, says Hemant. 

Hemant asserts that still in the redesignation of CS Haryana, the mention of Human Resources and Vigilance both as Departments is not correct since as per 1974 State Business Allocation Rules,both Human Resources and Vigilance are not separate Departments (Portfolios) but they rather come under the same Head i.e. General Administration Department. Hence, when the word/term General Administration is itself mentioned in the full designation of Chief Secretary, there is literally no need for further mentioning of Human Resources and Vigilance which actually are Sub-Heads and as such not Departments in themselves but actually part and parcel of the General Administration Department itself. 

Also, Foreign Cooperation which earlier also used to be under General Administration Department and used to be mentioned as separate Sub-Head i.e. (G) has been taken out of the same and notified as a Separate Department under Business of the Haryana Government (Allocation) Rules, 1974 vide most recent Notification dated 6 March 2023. Anurag Agarwal, a 1994 batch IAS of Haryana Cadre who is primarily Chief Electoral Officer and Principal Secretary to Govt, Haryana, Elections Department as well as Principal Secretary to Govt, Haryana, Information, Public Relations, Languages and Culture Department is also Principal Secretary to Govt, Haryana, Foreign Cooperation Department.  

Meanwhile, as on date i.e. after enforcement of the latest aforementioned amendments in State Govt Business Allocation Rules, there are a total of five Sub-Heads viz. Political, General, Vigilance, Citizen Resources Information & Human Resources under the Main Head i.e. General Administration in the Business of the Haryana Government (Allocation) Rules, 1974, quips Hemant. 

Hence in view of the above, both Human Resources and Vigilance ought not to be mentioned in the redesignation of Chief Secretary to Govt, Haryana particularly when General Administration is itself mentioned. 

In case of the State Government of Punjab, mention of Vigilance in the designation of Chief Secretary, Punjab is however totally correct since under Punjab Govt Business Allocation Rules, Vigilance is included therein as a Department unlike Haryana, asserts Hemant.

 
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