As reported by PTI, this directive includes the dismissal of the recent directives issued by Atishi, a minister from the Aam Aadmi Party (AAP), regarding matters related to services and vigilance.

The AAP-led government responded with a statement asserting that the newly enacted law is in violation of the constitution and undermines the authority that a democratically elected government in Delhi should possess. The AAP government expressed that the legislation has effectively stripped away powers that rightfully belong to the elected administration, PTI noted.

Atishi, who holds the portfolios of services and vigilance, in her orders on August 16 and 19 directed that transfer and posting proposals to be placed before the National Capital Civil Services Authority (NCCSA) and documents of vigilance department to be sent to other departments and the lieutenant governor would require her consent.

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In a report submitted to the Lieutenant Governor on August 21, Chief Secretary Naresh Kumar noted that the directives issued by Atishi on August 21 deviated significantly from the stipulations outlined in article 239AA (4) of the Constitution, as well as the GNCTD Act and its associated regulations.

A duplicate of this report was also sent to Delhi Chief Minister Arvind Kejriwal and Atishi by the principal secretary of LG V K Saxena’s office on August 24, as confirmed in a letter to the law department.

Meanwhile, Atishi in a recent press conference had accused the chief secretary of “disobeying” her orders for establishing coordination among departments of Delhi government and the NCCSA that deals with services matters including transfer and posting of officers.

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The letter from LG’s principal secretary asked for “strict compliance” of the Government of NCT of Delhi (Amendment) Act, 2023, notified on August 11, by all the departments and agencies of the city government.

The orders issued by the services/vigilance minister were in “complete disregard” to the provisions of the new law, said the letter.

“Apart from lacking the legal authority, these orders have also been issued in complete disregard to the proviso of section 45-1(2) of the GNCTD Act, as it subjected the Authority under the Chairmanship of the Hon’ble Chief Minister as a subordinate to the Hon’ble Minister Services/Vigilance,” said LG office letter.

Section 45H of the GNCTD Act “clearly indicates” the responsibility assigned to the NCCSA by the Parliament is “unfettered” and is not subject to any control by a Minister,” it stated referring to Atishi’s order for placing transfer posting proposals before the Authority after her approval.

In its statement, the Delhi government said, “However, anything outside the purview of NCCSA is within the power of the elected government and, unfortunately, the LG is forming a cabal with the bureaucrats of the central government. Vicious attempts are being made to snatch the remaining power left with the Delhi Government.”

In May, the Supreme Court ruled in favour of the Delhi government and said it should have the “discretionary powers” to exercise on behalf of its people, but the BJP is “scared of the governance by Arvind Kejriwal” and is trying to put all “hindrances” in his working, added the AAP government’s statement.

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The LG office letter further stated that a new Part-IVA has been inserted in the GNCTD Act, 1991 through the recent GNCTD (Amendment) Act, 2023 which stated that the LG would act in his “sole discretion” in discharge of his functions on matters related to “services and vigilance”.

“Any such direction to place the proposals before the Authority only after the approval of Minister (Services and Vigilance) is a vicious attempt to control the functioning of the Authority and make it redundant,” alleged the LG office letter.

“The Hon’ble LG has concluded that the directions dated 16.08.2023 and 19.08.2023 issued by the Hon’ble Minister (Services/Vigilance) are contrary to the constitutional and statutory provisions and therefore, null and void,” stated the letter.

The matter or proposal within the sole discretion of the LG under section 41 of the GNCTD Act, 1991, including Part-IVA are excluded from the business allocated to a minister under rule 3 of the GNCTD (Allocation of Business) Rules, 1993, in accordance with article 239AA (4) of the Constitution, it said referring to the issue.

All such “sole discretionary matters” will be processed and submitted for the decision of the Lt Governor strictly through chief secretary, added the letter.

(With inputs from PTI)

Updated: 29 Aug 2023, 02:16 PM IST