After the Services Department, which reports directly to the Lieutenant-Governor, started the process of hiring its own lawyers against the opinion of the Law Department earlier this month, Deputy Chief Minister Manish Sisodia on Monday asked L-G Anil Baijal to put the recruitment on hold.
Mr. Sisodia, who is the Minister in-charge of Services, wrote to Mr. Baijal that he was “shocked” to see that the Services Department had on September 14 invited applications for standing counsels and additional standing counsels since the Delhi government already has standing counsels, additional standing counsels and a panel of advocates. These, Mr. Sisodia, wrote were appointed by the Lieutenant-Governor following an elaborate process. He added that the lawyers hired by the government catered to all its departments.
‘Was not aware’
“Then why does Services Department need a separate set of advocates? I am all the more shocked because I am Minister (in-charge) of Services and I am completely in dark. I have no idea about it,” he wrote.
Further, he said that when he asked to see the file, he was told by the officers that they would not show it to him upon instructions by the L-G. Asking to see the file, he urged Mr. Baijal to put the recruitment on hold till he has a chance to go through the proposal and give his opinion.
‘Serious legal infirmities’
Referring to the Law Department’s opinion on the file, Mr. Sisodia said the recruitment process suffered from “serious legal infirmities”. This issue has cropped up since the Lieutenant-Governor, who represents the Delhi government, and the Aam Aadmi Party government are fighting cases against each other.
‘Concerns unfounded’
In its opinion, the Law Department wrote that the Services Department’s apprehension that it would find it difficult to get a brief transmission form (BTF) issued for the counsel of its choice was “unfounded”.
Earlier this year, two Delhi government counsels, one being former Aam Aadmi Party spokesperson Rahul Mehra, ended up at a hearing in a case regarding the Delhi Assembly secretary. The Law Department, however, said that it cleared up that matter by issuing directions to both Mr. Mehra and the additional standing counsel, in whose name the BTF was first issued.
The Law Department further said that whenever the Services Department asked for a particular counsel to be assigned, the request was agreed to. Though the Law Department recommended rejecting the proposal, the Services Department went ahead with its public notice inviting applications.
Responding to the development, a spokesperson for Raj Niwas reiterated that services was a reserved subject and that the Services Department was entitled to have its own legal panel.
