DDCD official restricted from discharging duties, office sealed

New Delhi: Delhi government think tank DDCD's Vice-Chairman Jasmine Shah has been restricted from discharging his duties and his office sealed while the facilities enjoyed by him have been withdrawn following an order by the Lt Governor, officials said on Friday. Shah termed the decision as 'completely illegal' and 'unconstitutional'.

Lieutenant Governor V K Saxena has also asked Chief Minister Arvind Kejriwal to remove Shah from the post of Dialogue and Development Commission (DDCD) vice-chairman over allegations of misusing his office for "political purposes", official sources said.

Reacting to the development, Deputy CM Manish Sisodia and Gopal Rai backed Shah, saying the office of Sambit Patra, who is India Tourism Development Corporation (ITDC) chairman, should also be sealed since he is a spokesperson of the BJP.

Shah was behind the Delhi government's ambitious electric vehicle policy and is the vice-chairman of the think tank involved in drawing blueprints of various initiatives of the Delhi government, including its food truck policy, electronic city, and shopping festival, among others.

He enjoys a Cabinet rank and is entitled to perks and privileges of a Delhi government minister, getting facilities like official accommodation, office, vehicle and personal staff.

"The position of Vice Chairperson, DDCD, holds the rank of a minister in Delhi government. If the L-G can initiate proceedings against me, tomorrow he can move to dismiss any other minister or the Hon'ble CM of Delhi for representing AAP at political forums? It is clear that L-G's order is illegal and unconstitutional," Shah said in a statement. The DDCD offices were sealed late Thursday night for preventing its "misuse by Shah for political gains". The sealing exercise was undertaken by the Planning Department of the Delhi government.

"Shah, even while he was on the pay and perks of the government as a public servant, blatantly transgressed all binding conduct rules and publicly furthered the political agenda of the AAP while also acting as its official spokesperson.

"The Law department had earlier in the matter opined categorically that Jasmine Shah was a 'Public Servant' and not working on an 'Honorary Post'," the source said.

The director of the Planning department had issued a show cause notice to Shah on October 17 asking him to file his reply within seven days. Shah was again given a three-day extension to submit his reply by October 28.

"On both these occasions, Shah failed to submit his reply and later on October 28, informed that he had submitted his response to the Minister-in-Charge of the Planning Department to be placed before the chief minister, the source said.

The L-G Secretariat sent a letter to the CM office on November 4, calling for placing the said response of Shah before the L-G but neither the response to the said letter nor any communication from the chief minister was received," said the source.

Following this, the L-G wrote on file to the chief secretary, directing him to request the CM for removal of Shah.

Shah, in a statement, said the action taken by Delhi's L-G to seal his office at DDC and "stop me from discharging my duties is without jurisdiction, completely illegal and unconstitutional".

"The L-G has said I cannot act as a spokesperson for AAP while being vice chairperson of DDC. I have one question for the L-G - Sambit Patra is a national spokesperson of the BJP while also holding the office of chairman of ITDC. If my office is being sealed, then why not his? How can two laws operate in the same country - one for AAP and one for the BJP?" he asked.

Asserting that L-G's order has no basis in law, he cited a PIL filed last month in the Delhi High Court, seeking the dismissal of several politically active persons holding positions in central or state governments, including Patra and him.

"The judges asked a single question that neither the BJP or central government had any answers for - which law or constitutional provision or rules are being violated if these public servants are politically affiliated? L-G's order today makes no mention of which law or rules are being violated," he opined.