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The apparent rift between the Delhi government and IAS officers was further fuelled by a writ petition filed by advocate and social activist Umesh Gupta under section 226 of the Constitution of India in Delhi High Court on 15th June 2018. The petition seeks direction from the Lieutenant Governor to call off the informal strike of IAS Officers; it being violative of the Central Civil Services (Conduct) Rules. It additionally prays for strict administrative action against all those IAS Officers violating CCS/IAS Rules of Conduct. The matter is scheduled to be listed on 18th June 2018.
The petition urges for the issuance of a writ of mandamus or any other appropriate writ to the Lieutenant Governor for calling off the informal strike of IAS Officers under GNCTD Delhi and further instructing them to attend government meetings and perform their duties as per their official functions as a public servant. The petitioner makes reference to various letters by the AAP government to the Lt. Governor requesting his urgent intervention in the matter since February. He further points out the various personal meetings between Delhi CM and Lt. Governor from 16th May onwards. However, as per the AAP Government, instead of taking any formal action, the Hon’ble Lt. Governor just dismissed the matter saying that he’ll have a formal talk with the officers which hasn’t yielded any results on the conduct of the bureaucrats till now.
The petition furthermore accuses the IAS Officers, especially senior officers holding key departments for slowdown of urgent public works leading to irreparable harm in the rule of law and governance of Delhi due to their boycott and informal strikes in violation of their codes of conduct and established constitutional norms and refusal to attend key meetings and cooperate on issues of public work. It also accuses them of violating Rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964.
To petition additionally cites various apex court judgments such as TK Rangarajan v. State of Tamil Nadu, Ex-Captain Harish Uppal v. Union of India and Communist Party of India (M) v. Bharat Kumar to substantiate the violations of constitutional norms by the IAS Officers.
Lastly, it is important to note that the apex court has held that public servants must resist from carrying our strikes or actions that hamper performance of their official duties as sufferers in case of strike is general public at large thereby, discouraging the use of strike as a weapon by government employees to hold the society at ransom.
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