"LG Saxena has assured that file will be cleared": CM Kejriwal over transfer of Services Secretary
May 19, 2023
New Delhi [India], May 19 : Delhi Chief Minister Arvind Kejriwal on Friday met Lieutenant Governor VK Saxena and held discussions over his delay in clearing the file for the Services Secretary's transfer, amid the tussle between the AAP-led Delhi government and the LG over "non-implementation" of the Supreme Court verdict on services.
After meeting the Delhi LG, Arvind Kejriwal said, "I met with the LG and inquired about the timeline for the approval of the file concerning the transfer of the Services Secretary. In response, the LG assured me that he is in the process of sending it. I am hopeful that the LG will expeditiously forward the file for the transfer of the Services Secretary. It is important to note that service secretaries hold a pivotal role as they oversee all administrative transfers. Hence, it was imperative to initiate the transfer process with the Services Secretary."
Kejriwal also addressed the circulating rumours suggesting that the central government intends to introduce an ordinance to overturn the Supreme Court's order. The CM expressed his hope that these rumours are unfounded and without any basis. He emphasised that if such an ordinance were to be introduced by the central government, it would be a severe betrayal to the people of Delhi and the nation as a whole.
He highlighted that the Supreme Court's decision, made by a constitutional bench, has brought happiness to the people of Delhi, as it allows their elected government to work effectively on their behalf.
Ahead of the meeting, the Delhi LG wrote a letter to CM Kejriwal alleging "unconstitutional brazenness, intimidation and disregard of rules and procedures" by the AAP government following the Supreme Court verdict.
"I write to you bring to your notice the unconstitutional brazenness, intimidation and disregard of rules and procedures being indulged into by your government and its Ministers, especially the Hon'ble Minister (Service), Shri Saurabh Bhardwaj, ever since the Constitutional Bench Judgement of the Supreme Court dated 11.05.2023," stated LG Saxena's letter to Kejriwal.
This came after, five Cabinet Ministers of the Delhi Government-- Kailash Gahlot, Gopal Rai, Imran Hussain, Saurabh Bhardwaj and Atishi had to stage a dharna for one and a half hours outside the LG Office, demanding an appointment with him.
Following the meeting, Saurabh Bhardwaj said, "I explicitly informed LG Sahab that on May 16, I waited for the Chief Secretary until 9:30 PM, expecting him to arrive for a meeting with the CSB. I sent several WhatsApp messages to the Chief Secretary, and he indicated that he would come. However, when the Chief Secretary finally came to my cabin around 9:30 PM, he issued a threat to kill me. I have brought this threat, made by Chief Secretary Naresh Kumar, to the attention of LG Sahab. The LG has expressed a commitment to taking appropriate action regarding this matter. We strongly advocate for strict action to be taken against Chief Secretary Naresh Kumar."
Bharadwaj also highlighted the central government's unease following the Supreme Court's order by the Constitutional Bench. In line with some rumours, he speculated that the central government and the LG might be conspiring to introduce an ordinance clandestinely to reverse the Supreme Court's decision. Their motive would be to maintain control over Delhi's power despite the implications of the court's ruling, which aims to grant more authority to Chief Minister Shri Arvind Kejriwal and the elected government, he said.
Earlier today, Delhi Services minister Saurabh Bharadwaj urged Delhi LG 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.
Meanwhile, Cabinet Minister Kailash Gahlot, who also participated in the protest outside the LG House, voiced concerns regarding the time taken for each file's processing. He questioned the functioning of the elected government if such delays persist. He emphasised the importance of the elected government's ability to make necessary changes, including the transfer of a Services Secretary, for effective governance. He further expressed apprehension that the LG's non-compliance with the Supreme Court's orders indicates an intention to hinder the work of the Delhi government and the well-being of its people.
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."