Atishi has complained against the Chief Secretary in his letter. (file)
New Delhi:
The tussle between Minister Atishi and the Chief Secretary of the Delhi Government has now reached the Lieutenant Governor. The Minister for Services and Vigilance has written to Lieutenant Governor VK Saxena accusing Chief Secretary Naresh Kumar of violating the orders of the elected government. Atishi has complained against the Chief Secretary in his letter. He wrote in his letter that citing Section 45J(5) of the GNCTD Amendment Act, the Chief Secretary in his note said that despite the deletion of Section 3A from the GNCTD Act, effective executive powers on all matters relating to ‘services and vigilance’. West with the Lt. Governor. Will be with the government and not with the elected government. He said that the Delhi government did not agree with this legal interpretation.
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Atishi said the act only gives certain powers to the lieutenant governor, which can be exercised only on the recommendations of the National Capital Civil Service Authority.
Atishi has written to LG Vinay Saxena for reconsideration after a disagreement on the issue of executive control over ‘services’. He said that in respect of all matters contained in clauses (3) and (4) of Article 239AA of the Constitution, except public order, land and police, the State List or the Concurrent List, the Council of Ministers of Delhi exercises its powers. Authority and LG can only advise the Council of Ministers on other matters.
He said the constitutional validity of the ordinance was challenged before the Supreme Court. Thereafter, the GNCTD (Amendment) Act, 2023 came into force, which replaced the GNCTD (Amendment) Ordinance, 2023. In particular, Section 3A has been deliberately omitted from the Amendment Act. However the GNCTD (Amendment) Act, 2023 only gives specific powers to the LG in respect of services, which are to be exercised only on the recommendations made by the National Capital Civil Services Authority.
He said that therefore all other powers in respect of services which have not been given to the LG or under the Supreme Court order and the GNCTD Amendment Act, are exercised by the Cabinet of the elected Government of Delhi.
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