The Delhi Chief Secretary controversy turned into a full blown war on Saturday when Chief Minister Arvind Kejriwal wrote an angry and strongly worded letter to Lieutenant Governor Najeeb Jung. In the letter, Mr Kejriwal not only asked the L-G to review his “questionable” decision to appoint Shakuntala Gamlin as acting Chief Secretary of Delhi, but also suggested him to work within the “confines” of the Constitution.
While he expressed his amazement over Mr Jung’s move, Mr Kejriwal also alleged that the directive was a “thinly disguised attempt” to render the democratically elected government ineffective.
“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,” read the opening lines of the scathing letter.
The CM also went on to suggest that the L-G must not succumb to political pressure and must uphold the constitution.
“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. You are holding a Constitutional post. Whatever be the political pressures, you have a duty to uphold the Constitution,” maintained Mr Kejriwal.
Besides, pointing out several rules of Transaction of Business Rules negating Mr Jung’s directive, he further demanded from the L-G to cite the relevant laws and rules justifying the move. The Delhi CM drew the L-G’s attention to Article 293AA (4) of the Constitution which lays down the process by which a difference of opinion between the L-G 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. The provision is consistent with the principal and Rule 4 (2) of Transaction of Business Rule which says 'Without prejudice to provision of sub-rule (1), the Minister in charge of a department shall be primarily responsible for the disposal of the business pertaining to that department,” asserted Mr Kejriwal.
Kejriwal demands that the L-G cite the relevant laws and rules to justify the move
