‘I am the king’ jung stance deepens crisis

Lieutenant Governor Najeeb Jung’s stand that “he was the boss” has turned the constitutional crisis engulfing the city government <g data-gr-id="38">more acute</g>. In a press communiqué on <g data-gr-id="36">Wednesday</g> LG stated that Delhi is a Union Territory with a Legislative Assembly and not a state <g data-gr-id="37">and therefore</g> has important distinction from other states. He also declared himself as the sole authority to approve transfer and posting of the officers at the level of secretary and principal secretary and declared all the orders of Delhi government regarding transfer and posting as ‘unconstitutional’.

The communiqué by the LG was issued after Kejriwal wrote a letter to the PM Narendra Modi urging him to allow Delhi government function independently. “The Centre is trying to run Delhi through LG,” said Kejriwal in the letter mentioning <g data-gr-id="45">entire</g> issue of appointment of transfer and posting of officers. 

“The elected government must have <g data-gr-id="43">say</g> about <g data-gr-id="44">distribution</g> of work to senior officers,” wrote Kejriwal.

“Since service matters are assigned to the LG under the powers delegated to him by the President, the LG alone is competent to approve transfer and posting of Principal Secretary/ Secretary level officers, in consultation with the Chief Minister. This is so prescribed under order no F 57/3/94-SI dated April 9, 1994,” said the press statement issued by the LG’s secretariat. The LG admitted in receipt of the orders which were passed by Delhi Chief Minister Arvind Kejriwal without his approval and declared them unconstitutional.

“These orders and communications have tended to obfuscate the special position that Delhi has, as the National Capital, which is significantly different from other states,” he added. The LG has also replied to Kejriwal in which he claimed to explain the legal and constitutional position in those matters. LG also rejected the order of Delhi’s Deputy Chief Minster Manish Sisodia to take away Services and General Administration Departments from Principal Secretary Anindo Majumdar and giving them to Rajender Kumar, secretary to the Chief Minister. He also invalidated the decision of Delhi cabinet to appoint Arvind Ray as <g data-gr-id="49">incharge</g> of GAD on Tuesday.

According to LG, Majumdar holds charge of Services and GAD but according to Chief Minister he is without any department as Rajender Kumar holds charge of Services and Ray holds the charge of GAD. The LG has also invalidated the order of Kejriwal to the secretaries to send all the files to the ministers/ Chief Minister office citing it unconstitutional as LG has been delegated by the President to act in his ‘executive capacity’ in his discretion, in consultation with the Chief Minister where deemed necessary.

The Chief Minister took his battle to social media. He re-tweeted a tweet by a supporter. “V r told that there was <g data-gr-id="48">lot</g> of corruption in Delhi’s transfer/posting. AAP govt cleaned it up. Now corrupt ganging up n lobbying with <g data-gr-id="47">centre</g>.” Kejriwal also posted the letter of senior Supreme Court lawyer Gopal Subramanium on social media. “SC lawyer Gopal Subramanium says, LG can’t overrule Delhi government’s decision, It’s unconstitutional,’ in <g data-gr-id="46">legal</g> opinion.”