Delhi L-G's order to revoke non-official members of DDCD null and void: AAP Minister Atishi

New Delhi [India], July 2 : Delhi Minister Atishi issued an order on Tuesday declaring that the order from the Services and Lieutenant Governor LG Saxena to rescind the non-official members of the DDCD is null and void due to a "patent lack of jurisdiction" and as a result, the non-official members will continue in their roles despite the LG's order.
In the order, Atishi said, "Prima facie, it is observed that the LG is not vested with any jurisdiction or authority to issue an order to rescind the engagement of these non-official members. The Hon'ble Lieutenant Governor and the Services Department have no power or authority over the non-official members of DDCD in any manner whatsoever, be it in respect of their appointment or removal. They do not exercise any supervisory control over the DDCD or its non-official members."
"Suffice to say. that the three non-official members have more than adequately discharged the faith and confidence reposed in them by the Delhi Chief Minister have rendered superlative service during their tenure in DDCD over the past 4 years and have strengthened the functioning of the DDCD by harnessing their formidable repertoire of skills and experience," it said.
"In light of the above, it is clear that the Services Order and the LG's Order are glaring instances of a colourable exercise of power amounting to misuse and abuse of authority, and are ex facie erroneous and fallacious. The Services Order and the Hon bie LG's Order suffer from a patent lack of jurisdiction and are therefore non-est in law," it added.
Adding further, the note said, "Therefore, the undersigned is pleased to declare the Service Department's order dated June 27, 2024, and the LG's Order as null and void and restore the status quo ante as prevailing on June 26. Any action under the Services Order or the LG's Order without the approval of the Minister (Planning) shall be deemed illegal and shall make the erring officials liable for disciplinary action."
This comes after LG VK Saxena last week approved the temporary dissolution of its policy think tank, the Dialogue and Development Commission (DDCD) of Delhi.
Alleging that the aim behind its creation was "only to extend financial benefits" and patronage to "certain favoured political persons" at the "whims and fancies" of Chief Minister Arvind Kejriwal, the L-G also approved the removal of the Commission's non-official members till a mechanism was developed for screening and selection of domain experts as its vice-chairman and members as per the rules.
The Delhi government termed Saxena's decision "illegal, unconstitutional and without jurisdiction", adding that it would challenge his order in the courts.
The AAP government said the DDCD comes under the jurisdiction of the Delhi Chief Minister and only he has the power to take action on its members.
The DDCD was established in February 2015, and the positions of its Vice-Chairperson and Non-official Members were to be co-terminus, or coinciding with the term of the incumbent government.