Delhi Minister urges LG Saxena to clear file for change of Services Secretary
May 19, 2023
New Delhi [India], May 19 : Delhi Services minister Saurabh Bharadwaj on Friday urged Lt Governor Vinai Kumar Saxena to clear the file for a change of Secretary (Services) and said that the elected government wishes to make administrative changes.
In a letter to the Delhi LG, Bharadwaj said, "We had sent a proposal to change the Secretary (Services) two days back. After the order of the Hon'ble Supreme Court, the elected Government wishes to make several administrative changes for which change in Secretary (Services) is important. A lot of work is held up due to that."
Highlighting the judgement of the Supreme Court, Bhardwaj said that the apex court has said that LG should exercise the power of difference of opinion in the rarest of rare cases and change in Secretary is a routine matter.
"Constitution Benches of Hon'ble Supreme Court have said in their two judgments that Hon'ble LG should exercise power of difference of opinion in the rarest of rare cases. Change in Secretary (Services) is a very routine matter and not a fit case for exercise of difference of opinion," he said.
"2018 judgement of Hon'ble Supreme Court had said that files should not be sent to Hon'ble LG for his approval, only decisions should be conveyed. However, GNCTD Amendment Act overturned SC judgement. Now, we have to send all routine files also to Hon'ble LG. This GNCTD Amendment Act is under challenge in Hon'ble Supreme Court," he added.
"I sincerely urge you to kindly clear the file for a change of Secretary (Services) soon," he further added in his letter.
The Supreme Court on May 11 said that the division of administrative powers between the Union and Delhi government "must be respected" and held that the Delhi government has "legislative and executive power over services" in the national capital, including the bureaucrats, except those relating to public order, police and land.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices MR Shah, Justice Krishna Murari, Hima Kohli and PS Narasimha said, "The division of administrative powers between the Union and the Government of the National Capital Territory of Delhi (NCTD) as explained... must be respected."
