AAP accuses BJP of staging ‘coup’

However, LG Jung termed Majumdar’s removal ab-initio void. “This (order) doesn’t have the approval of the LG, who is the competent authority to transfer officials of that rank,” said a press statement from Raj Bhavan.

Kejriwal, meanwhile, said he was seeking an appointment with President Pranab Mukherjee. “Seeking an appointment with the President to apprise him of Delhi’s situation,” Kejiwal said in a tweet. In a scathing diatribe against Jung, the Delhi Chief Minister asked him to review his “questionable” decision to appoint Shakuntala Gamlin as acting Chief Secretary of Delhi and work within the “confines” of the Constitution.

“I am simply aghast by your questionable instructions issued directly to the Pr. Secretary (Services) to post an officer of your choice as the acting Chief Secretary of Delhi.

“In doing so, you have bypassed the democratically elected government,” Kejriwal said in a strongly worded letter to Jung hours after Gamlin took charge of the post, defying the Chief Minister. “I would strongly request and urge you to remain within the confines of the Constitution and the laws relating to government of NCT of Delhi,” he said. In the letter, he pointed to several rules of Transaction of Business Rules, saying: “I cannot but conclude that this is a thinly disguised attempt to render the democratically elected govt ‘ineffective’.”

The CM further added: “You (L-G) are holding a constitutional post. Whatever be the political pressures, you have a duty to uphold the constitution.”

“May I request to kindly cite the relevant Article of Constitution of India, or the provision of Government of NCT of Delhi Act, or Transaction of Business Rules, which gives you such extraordinary powers to bypass and attempt to render the democratically elected government ineffective and directly run the government through the Secretaries to the government,” he said in his letter.

The Delhi CM drew the LG’s attention to Article 293AA (4) of the Constitution which lays down the process by which a difference of opinion between the Lt Governor and ministers is to be resolved.

“I would like to point to Rule 52 of Transaction of Business Rules ibid; which states that the Lieutenant Governor’s direction can only be given to a Minister.

On the other hand, Power Minister Satyendra Jain’s letter to Kejriwal dated May 5, 2015, emerged on Saturday in which he accused Gamlin of lobbying within the government to promote the “interest of Reliance owned power companies” and urged him to relieve her of the charge of Principal Secretary (Power).

Earlier, Deputy Chief Minister Manish Sisodia alleged that Jung had sought to take control of the Delhi government in utter violation of the Constitution. He said the Constitution says the LG will talk to the concerned minister in case of differences on an issue and, if not satisfied, will write to the Cabinet.

“If the issue is not resolved, he will write to the President. Whatever directions come from the President, he will tell it to the minister and not to an officer directly. The LG does not have right to bypass a minister and give orders to an officer directly.”