LG serves notice to DDCA Vice-Chairman for misusing public office to further cause of political party
Oct 17, 2022
New Delhi [India], October 18 : The Delhi Dialogue and Development Commission (DDC) Vice Chairman, Jasmine Shah has been served a notice by the Lieutenant Governor of Delhi for blatantly misusing government resources and Public Office to further the cause of a political party as its Spokesperson, the LG office informed.
The notice served to Shah stated that "every Public Servant needs to observe the principle of neutrality and with his action, Shah has violated it while holding a Public Office...", as per the LG office.
Pursuant to a complaint by the West Delhi MP, Parvesh Verma, the Planning Department, GNCTD (The Administrative Department in charge of DDC), carried out an inquiry. After thoroughly analyzing various video footages of Jasmine Shah's presence in TV programs, transcript of Press Conferences addressed by him and news reports in newspapers, news portals etc. prima facie found that Shah had been using his government office and other perks to further a highly partisan political agenda, specifically contrary to the laid down norms for the conduct of a Public Servant.
The department found "ample evidence" that indicated that Shah not only "accepted and performed" the role of a 'Spokesperson of the Aam Aadmi Party (AAP), but also referred to himself as "WE" while identifying himself as a part of the AAP and gave unqualified politically partisan statements amounting to misuse of public resources.
The above finding of the Planning Department was sent to the Chief Secretary, who further referred it to the Law Department, GNCTD for its comments and vetting. The Law Department gave its comprehensive opinion in this matter and opined categorically that Jasmine Shah was a 'Public Servant' and not working on an 'Honorary Post'.
It may be noted that the position of Vice Chairman, DDC used to be an 'Honorary Post' till 2015, where after the Kejriwal government 'a Cabinet Decision restructured the DDC and categorically decided through a Cabinet Decision that the VC, DDC shall be entitled to pay, allowances and other facilities that include a House and Office, amongst others, at par with Ministers of GNCTD'.
The Law Department also concluded that 'Jasmine Shah, VC, DDC, is under the service/pay of the government and is entrusted with the performance of public duty. He is covered under the definition of Public Servant under clause 12(A) of Section 21 of the IPC 1860 and Section 2(C)(i) of the Prevention of Corruption Act, 1988'.
It opined that 'no public office is allowed to work and function beyond the terms of reference of its creation, and the terms of reference of DDC as created by the Cabinet headed by Arvind Kejriwal does not envisage the promotion of any political party.
"I have seen the notice issued by the Planning Department of Delhi Government, on behest of the LG and BJP MP Pravesh Verma. The LG has no jurisdiction over the office of Vice Chairperson, DDC which is a Minister-rank position appointed by the Delhi Cabinet. DDC's terms of reference make it clear only the Chief Minister has powers to remove the Vice Chairperson, DDC. In issuing this notice, the LG has exceeded his jurisdiction", Jasmine Shah statement on the show-cause notice issued by the Lt Governor of Delhi.
Accordingly, the Law Department has said that in acting as Spokesperson and promoting a particular political party, Shah had clearly breached the terms of reference of DDC and 'his action were beyond the terms of reference entrusted to DDC'. The Law Department also considered various Judgments of the Hon'ble Supreme Court regarding the conduct of "Public Servants" in arriving at its conclusions.
The said report from the Law and Planning Departments, duly scrutinized by the Chief Secretary was sent to the LG, who in the interest of natural justice, instructed that Jasmine Shah be given a Show Cause Notice to explain his misconduct, before initiating any further action.
