NEW DELHI: Amid the ongoing tussle between the elected dispensation and the LG office over the division of power, the AAP government Friday instructed state government officers against taking direct orders from the lieutenant governor and report them to the minister concerned.Five ministers in the Kejriwal government – Manish Sisodia, Kailash Gahlot, Gopal Rai, Imran Hussain, Raaj Kumar Anand – issued separate instructions to the secretaries of their respective departments and the heads of the autonomous bodies covered under them for strict compliance of the Constitution, the Transaction of Business Rules and the judgment of SC’s Constitution bench.AAP government has often accused the LG of issuing direct orders to officers of departments that fall under the domain of the state government and forcing them to bypass the minister in-charge.”There have been several examples where the LG bypassed the elected government violating the existing laws, such as the appointment of the Haj committee members, aldermen in MCD, appointment of presiding officer in MCD and issuance of prosecution sanction in cases of CrPC 196,” said an official.There was no immediate reaction from the LG office.This is not the first time the elected government has raised the issue of the LG giving direct orders to the officers. Sisodia had in December claimed the LG secretariat had resorted to the practice of “calling for files from departments through their respective secretaries, the CS and transacting business thereon, completely bypassing the minister and the Cabinet”.LG sending instructions directly to secys and dept heads violation of Constitution: Deputy CM Manish Sisodia Deputy CM Manish Sisodia had issued a note to the chief secretary, secretaries and the heads of departments last Friday, accusing them of sending “certain files pertaining to important policy decisions… directly to the LG secretariat without routing the same/putting it up to me as the minister in charge of the department”.He had also stated that he had come to know of instances where the LG had given direct orders and approvals to officers bypassing the council of ministers. He had asked the officers to place all such files before him.The orders issued to the department secretaries on Friday mentioned that as per the Constitution and the Supreme Court’s Constitution bench, the elected government has “exclusive executive control” over all subjects except the land, police and public order. It further stated that under Article 239AA (4) of the Constitution, the LG may differ with the decision of the council of ministers on any of the transferred subjects. But before referring the matter to the President under rules 51 and 52 of TBR, he must first try to resolve it with the minister concerned or the council of ministers under rules 49 and 50.”The court’s ruling also clarifies that the LG is bound by the aid and advice of the council of ministers and he does not have any independent decision-making power. The LG, however, has the power to refer a matter to the President in exceptional circumstances. In the last few months, however, the LG has given directions directly under rules 51 and 52 without following the procedure laid down in rules 49 and 50,” said an official referring to the government order.The AAP government’s orders to the department heads further stated that as per rule 57 of TBR, it is the duty of every secretary in the Delhi government to ensure that the provisions of transaction of business rules were properly followed.”The government has directed that if any secretary receives any directions from the LG under rules 51 and 52 and if the procedure prescribed in rules 49 and 50 have not been followed, the officer should immediately place the matter before the minister in-charge, who shall bring it to the notice of the chief minister and the LG,” said an official.Calling the instructions sent directly to the secretaries and the department heads “violation” of the Constitution and the directives of the SC, Sisodia said the implementation of such orders would be viewed seriously.
Source: https://timesofindia.indiatimes.com/city/delhi/dont-take-direct-orders-from-lg-delhi-ministers-tell-officers/articleshow/98220472.cms
