Why does Services dept need separate set of lawyers: Manish Sisodia

Delhi Deputy Chief minister Manish Sisodia (EXPRESS File PHOTO BY PRAVEEN KHANNA) 

IS THERE something “secret” about the file pertaining to applications for separate counsel for the Services Department, which falls under the purview of Delhi Lieutenant Governor Anil Baijal, asked Services Minister Manish Sisodia, in a letter to the L-G, while claiming that the proposal suffered from “legal infirmities”.

In his letter to the L-G, Sisodia said he was “shocked” to see a notice, dated September 14, by the Services Department, inviting applications for posts of standing counsel, additional standing counsel and a panel of advocates, read the letter. Earlier, the L-G had, after an “elaborate process” of “advertisements, interviews and selections”, hired a set of advocates. However, Sisodia asked, “Why does Services Department need a separate set of advocates?”

Sisodia said he had “called for the file” as he was “completely in the dark” but officers refused to “show (him) the file” and even told him “that the L-G had directed them not to show this file”. He said, “I am surprised as to why you would do that? Is there anything secret about this file?”

Earlier, in April, two lawyers had clashed in High Court, maintaining that they both represented the AAP government, leading the judge to ask the lawyers to resolve their differences in his chamber. While one additional standing counsel claimed to represent the Services Department, the senior standard counsel had said that the matter had been allocated to another lawyer maintaining that he had the “prerogative” to do so.

In his letter, Sisodia also said that the process “suffers from legal infirmities” and added that the Delhi government’s Law Department had “strongly opposed this proposal” and urged the L-G to “put the process of recruitment on hold” till he had seen the file. In his noting, also attached and sent to the L-G, Raj Kumar Chauhan, Law Secretary, said the proposal “examined in the light” of the Government of NCT Delhi Rules, 1993, was “not in consonance with the aforesaid statutory positions”.

Chauhan said that as per the rules, supervision of litigation, appointment of legal adviser, counsel, officers and law engagement of government counsel had “been allocated to (the law) department”. He added that the Services Department be asked to “reconsider” their proposal. He also said that “having a separate panel shall entail financial implication, which is totally unwarranted”.

Chauhan added that in past, “as and when Services Depart-ment made a request for any particular counsel, the same was acceded” and that “there has never been any difficulty in coordination in Law Department for obtaining brief-transmission form by Services Department”. He added that “regarding repeated interference” by additional standing counsel, “necessary directions” had been issued by the department.