Don’t need concurrence, CM writes to L-G on Delhi order
CM cracks whip after CS refuses to follow Deputy Chief Minister’s order
NEW DELHI: The battle of attrition between the AAP government and Delhi’s bureaucrats is far from over even after the Supreme Court ruled that the Arvind Kejriwal government in Delhi doesn’t need the Lieutenant Governor’s sign-off on every decision.
The Delhi CM on Thursday wrote to the Lieutenant Governor on Thursday after bureaucrats snubbed his government just hours after the Supreme Court ruling.
“Till now, files on almost every subject used to be sent to the LG for his concurrence. Now, files would not be required to be sent. However, all decisions shall be duly communicated to the LG,” the Chief Minister wrote.
The Supreme Court ruled on Wednesday that the AAP government doesn’t need the Lieutenant Governor’s permission at every step. Hours after the court ruling, which was described by AAP as a significant victory, Deputy Chief Minister Manish Sisodia put out orders taking back the power to transfer officers, but the services department rejected it, saying that the Lt. Governor remains in charge of this crucial department.
Sisodia has said AAP is exploring legal options after bureaucrats rejected its order as “legally incorrect”. The Supreme Court ruled that the Lt Governor has no “independent decisionmaking power” beyond land, police and public order, and has to act on the aid and advice of the elected government, which has the real power.
The Delhi CM wrote: “The centre and LG have executive powers only on three subjects. On all other subjects, executive powers lie with the council of ministers.”
The note from the Services department said the Supreme Court had not yet cancelled a union home ministry notification in May 2015 - months after AAP swept the elections and took power - assigning the job of transferring and posting bureaucrats to the L-G.
This means despite the Supreme Court’s ruling; officials are firm that the Delhi government still has any role only in the movement of personnel at a lower level, like stenos. Officials say the Supreme Court is yet deciding the subject, so the Kejriwal government cannot jump the gun.
The services department has been a bone of contention behind the AAPLG feud in the past three years. The first significant face-off was over the Lt Governor appointing bureaucrat Shakuntala Gamlin as the interim chief secretary despite strong objections from Kejriwal and AAP.
» The Supreme Court ruled on Wednesday that the AAP government doesn’t need the Lieutenant Governor’s permission at every step
» Hours after the court ruling, Deputy CM Manish Sisodia put out orders taking back the power to transfer officers
» Services department rejected the order, saying that the Lt Governor remains in charge of this crucial department
NEW DELHI:
Within 24 hours of the Supreme Court judgement, the Delhi Chief Minister on Thursday cracked the whip on the Services Secretary after the Chief Secretary refused to follow the order of the Deputy Chief Minister on transfer and appointment of officials. "All officers should respect and obey SC order. Open defiance of SC order shall invite serious consequences. It will be in no one's interest," tweeted CM Arvind Kejriwal.
Manish Sisodia who holds the portfolio of the Services Department said, "I have directed again the Secretary Services to issue the orders as directed on Wednesday. Informed the officer that noncompliance would lead to contempt of SC and the officer shall face disciplinary proceedings.” The refusal of bureaucrats to comply with the Delhi government's directives amounts to contempt of court and the leadership is seeking legal opinion on the matter, Deputy Chief Minister Manish Sisodia said.
Hours after the Supreme Court's landmark judgement on Wednesday, the Delhi government introduced a new system for transfer and postings of bureaucrats, making Chief Minister Arvind Kejriwal the approving authority. However, the services department refused to comply, saying the Supreme Court did not abolish the notification issued in 2016 which made the Ministry of Home Affairs the authority for transfers and postings. The chief secretary has written to me saying the services department will not follow the orders. If they are not going to abide by it and the transfer files will still be seen by the LG, it will amount to contempt of the constitution bench," Sisodia said.
He also said," We are consulting our lawyers about what can be done in the situation," adding that the Supreme Court had clearly stated that the LG has the power to interfere only in three subjects, which does not include the services department."
Meanwhile, the opposition hit back at the AAP on the issue. The leader of Opposition in Delhi Vidhan Sabha, Vijender Gupta said that Delhi government which had welcomed the Judgment of Supreme Court is again on the path of confrontation with the Union Government and the LG within 24 hours of the judgment. Kejriwal Govt has again started threatening and intimidating the officers. Gupta added that the Delhi government should have faith in the constitutional provisions and work in harmony with LG in the interest of the people of Delhi.