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Better late than never, Personnel Deptt of Haryana publishes Notification in State Extraordinary Gazette after one month pertaining to assumption of charge by TVSN Prasad as Chief Secy

Hemant Kumar, Advocate Hemant Kumar, Punjab & Haryana High Court Chandigarh, Chandigarh

Web Admin

Web Admin

5 Dariya News

Chandigarh , 30 Aug 2024

It has been wisely said that Better late than never. It has been  almost a full month since TVSN Prasad, an IAS of 1988 batch of Haryana Cadre was posted as regular Chief Secretary of Haryana Government via an Order issued on 1 Aug 2024. Nevertheless, before that Prasad, as Additional Chief Secy (ACS) cum Financial Commissioner Revenue (FCR) was holding additional charge of State Chief Secy since 15 March 2024 when the then Chief Secy Sanjeev Kaushal, an IAS of 1986 batch proceeded on Earned Leave till his superannuation i.e till 30 July 2024. 

Meanwhile today almost a month has passed since Prasad assumed charge as regular Chief Secy of the State  on 1 Aug 2024, however the other day on 29 Aug 2024, a Notification has been published in Haryana Government Gazette Extraordinary mentioning the he has assumed charge of Chief Secy. to Govt, Haryana, General Administration, Human Resources, Personnel & Training, Parliamentary Affairs, Vigilance Departments and Secretary Incharge of Plan Coordination with effect from 1 August 2024. The aforementioned Gazette Notification bears the seal and signature stamp of Prabhjot Singh, Special Secretary to Govt, Haryana, Personnel Department. 

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar has firstly questioned the timing of issuance and publication of the aforementioned Notification ( i.e. pertaining to Prasad  assumption of charge as Chief Secy, Haryana)  in State Government Gazette Extraordinary on 29 Aug 2024, i.e. almost a month after he actually assumed charge as such on 1 Aug 2024. 

The Advocate categorically asserted that any Notification in State Govt Extraordinary Gazette is  published on the same date of occurrence of a significant event i.e. in other words, the aforementioned Notification  ought to have been published in Haryana Govt Gazette Extraordinary on 1 Aug 2024 itself i.e. the day on which TVSN Prasad assumed charge as State Chief Secy. 

After passage of such date, relevant Notification can be published in only State Govt Gazette Ordinary and not Extraordinary. Furthermore, Hemant also questions the mentioning of  Human Resources and Vigilance  both as Departments in the full designation/nomenclature of Chief Secy, Haryana in the aforementioned Notification as it is not appropriate since as per Haryana Govt Business (Allocation) Rules, 1974 and as amended till date.

both Human Resources and Vigilance  are not separate Departments but they rather come under the same Head i.e. General Administration Department. Even these two don't figure as such in the list and names of  Portfolios as allocated to Chief Minister, Nayab Singh Saini. 

Hence, when the word/term General Administration is itself mentioned in the full designation/nomenclature 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 part and parcel of the General  Administration Department itself.  

Pertinent that as per last year amendment of 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 the mentioning of Administrative Reforms was dispensed with in the full designation/nomenclature of Chief Secretary, Haryana, says Hemant.  Also, Foreign Cooperation which earlier also used to be under General Administration Department  and was mentioned as separate Sub-Head i.e. (G) was taken out of the same and notified as a Separate Department under Business of the Haryana Government (Allocation) Rules, 1974 vide last year Notification of March 2023. 

As on date i.e. after enforcement of the aforementioned  2023 amendments, 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. 

Although the State Cabinet cleared decks for creation of Citizen Resources Information as a separate Department in the year 2023, a Gazette Notification over making it a separate Department is yet to be issued and duly published. Also, the full official name of the Personnel Department in the State of Haryana is Personnel and Training Department, yet in the aforementioned Notification on the top,  only Personnel Department has been mentioned. 

Hence in view of the above, both Human Resources and Vigilance ought not to be mentioned in the official designation/nomenclature of Chief Secretary to Govt, Haryana particularly when General Administration is itself mentioned. In case of  Punjab, however, Vigilance can be mentioned in the designation of Chief Secretary, Punjab since under Punjab Govt Business  Allocation Rules, Vigilance is included therein as a Department  unlike Haryana, asserts Hemant. 

 

Tags: Hemant Kumar , Advocate Hemant Kumar , Punjab & Haryana High Court Chandigarh , Chandigarh

 

 

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