In yet another stand off between the Lieutenant Governor Najeeb Jung and the Delhi government, the former has declared the appointment of Delhi Commission for Women chairperson Swati Maliwal ‘ultravires’ and ‘infructuous’.
The Lt Governor has written to the chief secretary and principal secretary demanding explanation as to why the said notification has been issued without his approval.
The Lt Governor in his communication to the Delhi government has invoked the clarification dated July 25, 2002 of Union home ministry where NCT of Delhi government means Lt Governor appointed by President under Article 239 and designated as such under Article 239AA of the constitution.
The Lt Governor took cognisance of the appointment of DCW chief by the AAP-led government and yesterday demanded file and procedure details that were adopted to appoint Maliwal without approval from his office.
In his letter, Lt Governor wrote that it is to be noted that ‘statutory notification for reconstitution of DCW in past had approval of LG.’
The Lt Governor office even enclosed the copy of such orders from 2009 till 2014.
“Even proposal was moved by AAP government in 2014 January for removal of former chairperson and appointment of her replacement and it was placed before Lt Governor for consideration,” the letter stated.
The communication stated that the new notification is in ‘breach of rules and procedures’.
“Notification has no legal sanctity and any action taken by chairperson or member including quasi-judicial decision would be ultravires and infructuous and matter must be submitted before the Lt Governor,” stated the letter.