The Home Ministry on Monday said that appointing Delhi’s Chief Secretary was the prerogative of the Lieutenant-Governor (L-G) of Delhi and the Centre.
The Appointments Committee of Cabinet had on November 17 transferred Delhi Chief Secretary Anshu Prakash to the Department of Telecommunications. Mr. Prakash had alleged that he was assaulted by Aam Aadmi Party (AAP) Ministers at Delhi Chief Minister Arvind Kejriwal’s residence in February this year.
A senior Home Ministry official said that Mr. Prakash would continue in his post till he was relieved by the Delhi L-G.
“Delhi Chief Secretary will continue as of now. The Home Ministry will look at an appropriate replacement soon and he or she will be appointed on the orders of the Delhi L-G,” said the official.
1993 rule
The official also explained that according to Rule 55 (2) (B) of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, the L-G will have to inform the Centre regarding the appointment of the Chief Secretary.
“Subject to any instructions which may from time to time be issued by the Central government, the Lieutenant-Governor shall make a prior reference to the Central government in the Ministry of Home Affairs in respect of proposals for the appointment of Chief Secretary and Commissioner of Police, Secretary [Home] and Secretary [Lands],” the Rule stated.
The official said there was no rule of involving the Delhi government in appointment of the Chief Secretary. Among the seven Union Territories, only Delhi and Puducherry have Legislative Assemblies.
“Transaction of business rules were framed under Article 239 AA of the Constitution that clearly says that Delhi is a Union Territory and the L-G its administrative head. So all appointments are under the purview of the Centre,” the official also said.
On July 4, the Supreme Court had held that the L-G of Delhi is bound by the “aid and advice” of the Delhi government and both have to work harmoniously with each other.
