PTI
NEW DELHI, MAY 28
The AAP government today moved the Delhi High Court challenging the Centre's recent notification giving the Lieutenant Governor absolute powers in appointing bureaucrats in the national capital.The petition was mentioned before a bench of justices B D Ahmed and Sanjeev Sachdeva, saying, "The Delhi government has decided to move against the Ministry of Home Affair's (MHA's) May 21 notification."
"As per the notification, the LG would have jurisdiction over matters connected with services, public orders, police and land, and...Services of bureaucrats...Allowing him discretionary powers to seek the opinion of the CM," it said.
The petition was mentioned by Delhi government standing counsel Raman Duggal a day after the Centre moved the Supreme Court challenging an order of the Delhi HC which termed as "suspect" MHA's recent notification barring the city government's Anti-corruption Branch (ACB) from acting against its officers in criminal offences.
The HC had also held that the LG cannot act in his discretion.
Duggal also said that he has challenged all notifications issued by the Centre in the past. The bench has listed the matter for hearing tomorrow.
The Delhi government, led by the Chief Minister Arvind Kejriwal, has also challenged the appointment of Shakuntala Gamlin as acting chief secretary by the LG.
The Delhi government, in its petition, said that in a democratic set up there cannot be two reporting authorities -- the Lieutenant Governor and the Chief Minister.
"The Lt Governor, in law, cannot be placed in a higher position than the Governor of a State, who has to act on the aid and advice of the Council of Ministers," it said.
The plea also sought setting aside of the Centre's May 21 notification, saying it deprived the capital of executive power/authority to enforce criminal law within the city which is "clearly bad in law".
"It is wholly arbitrary, illegal, ultra vires of the Constitution of India and is a colourable exercise of power aimed at making it virtually impossible for democratically elected government to carry out its day-to-day administrative functions and responsibilities," it said.
The AAP government also sought quashing of July 23, 2014, notification, issued by the MHA at a time when Delhi did not have an elected government and was under direct rule of the Centre, restricting the executive power of the GNCTD acting through the ACB to investigate officers and employees of the city government only.
"The impugned notifications to the extent that they seek to restrict executive authority of GNCTD acting through ACB to investigate complaint only against employees of GNCTD are clearly ultra vires of the Constitution in as much as the Centre can't by executive fiat exercise executive power in respect of matters falling within competence of the Delhi Assembly," it said.
Jung meets Home Secy amid Guv-AAP row
Amid his ongoing standoff with the AAP government, Delhi Lt Governor Najeeb Jung today met Union Home Secretary L C Goyal and had a talk over phone with Home Minister Rajnath Singh.
Jung arrived in the Home Ministry early and had a nearly 20-minute one-on-one meeting with the Home Secretary.
Sources said they discussed about the resolution passed by the Delhi Assembly yesterday and the government's stand in the apex court with regard to the Special Leave Petition.
After the meeting with the Home Secretary, the Lt Governor declined to speak to journalists.
Sources said Jung had a telephonic talk with the Home Minister too.
However, what transpired in their conversation is not known immediately.
The meeting and the telephone call came a day after the Delhi Assembly passed a resolution rejecting the Home Ministry notification giving absolute powers to the Lt Governor in several matters, including transfer and postings of senior bureaucrats.
The Home Ministry yesterday approached the Supreme Court challenging the Delhi High Court ruling that the May 21 notification was "suspect" and noted that the mandate of the people "must be respected by LG".
The tussle between Jung and the Kejriwal government started over the appointment of senior bureaucrat Shakuntala Gamlin as the acting Chief Secretary on May 15.
Kejriwal yesterday lambasted Jung saying he was "dancing to the tune" of the Centre and "deliberately" trying to create obstacles for the AAP government.
