Delhi CM Kejriwal to meet L-G Baijal on Friday, warns against defying SC ruling

Delhi chief minister Arvind Kejriwal on Thursday warned lieutenant governor (L-G) Anil Baijal and bureaucrats of the state government that executive powers related to “services,” specifically, the appointment and transfers of civil servants, rests with the council of ministers and the L-G clearing any file relating to the subject would amount to contempt of court.

In a four-page a letter to the L-G, Kejriwal also said the government would no longer require his “concurrence” on any matter other than the reserved subjects of public order, police and land. Copies of the letter were released by the CM’s office.

The chief minister’s statement came a day after the Supreme Court said the L-G’s administrative powers were restricted to these three issues, and that the elected government of the Union territory had primacy on other issues. The court asked the L-G and the state government to work “harmoniously”. The specific issues between the L-G and the state government are to be decided by a two-judge bench of the Supreme Court. Conveying the AAP government’s interpretation of the SC verdict, Kejriwal wrote to Baijal on Thursday seeking an appointment to discuss the issue of the services department.

This is likely to be a sticky issue. The two-judge bench will have to rule on it, but Union minister Arun Jaitley on Thursday dubbed as “wholly erroneous” the “presumption” that the Supreme Court ruling had given the Aam Admi Party (AAP)- led Delhi government administrative powers over Union territory (UT) cadre officers.

“It (order) emphasises the importance of elected State Government, but Delhi being a Union Territory makes its powers subservient to the Central Government,” he said in a blog.

The L-G is scheduled to meet Kejriwal and deputy CM Manish Sisodia at his office at 3 pm on Friday, Baijal’s office confirmed. This will be the first meeting after Kejriwal and three of his cabinet colleagues staged a sit-in at the visitors’ lounge at the L-G’s office for nine days starting June 11.

Kejriwal on Thursday also informed the L-G about an order issued by Sisodia hours after the SC judgment, empowering the state Cabinet to effect the internal transfers of bureaucrats – a subject which until now had been under the L-G’s jurisdiction. The AAP government maintained its stand that the SC judgment made it clear that the L-G in Delhi only has control over land, police and public order, while other subjects come under the government.

“If the files related to ‘services’ are placed before the L-G and he acts on them, it would clearly amount to contempt of the Supreme Court in the light of aforesaid judgment. I am sure L-G will never like to knowingly commit contempt of the Supreme Court,” Kejriwal said, after chief secretary Prakash on Wednesday returned a file to Sisodia saying that the order to withdraw powers of transfers of officers from the L-G and other top bureaucrats was “legally untenable”.

The CM said in his letter to the L-G that on Friday he would issue a directive to every department asking officials to perform their duties in consonance with the SC judgment. “In case you have contrary views on any of the above issues, kindly do let me know. If you so desire, myself and my cabinet colleagues can come over for a discussion,” he wrote.

With bureaucrats refusing to follow his order, deputy chief minister Sisodia on Thursday evening issued a fresh directive to principal secretary (services) Geetanjali Gupta asking her to do so or face disciplinary action.

Sisodia also said the government could file a contempt of court petition against erring officers for not following orders related to the services department.

Bureaucrats HT spoke to said on condition of anonymity that they would wait until such a case is filed. The officers cite a ministry of home affairs notification that matters related to services come under the L-G.