Atishi ‘falls ill’, DERC chairperson’s oath-taking ceremony postponed hours before scheduled time

On Monday afternoon, however, Atishi’s OSD wrote to Justice (Retd) Kumar conveying her “deepest apologies” for the postponement of the ceremony to 6 pm on Thursday as she “suddenly took ill”, power department sources told The Indian Express citing an email in this regard.

The appointment of the DERC chairperson was a significant bone of contention between the AAP Delhi government and the L-G after the promulgation of the Centre’s ordinance on the services matter. This occurred in the wake of the Supreme Court, on May 19, directing the L-G to act upon the aid and advice of the council of ministers and to appoint the DERC chairperson within two weeks.

Chief Minister Arvind Kejriwal then, on May 31, sent the file for the appointment of Justice (Retd) Shrivastava for the post to the Delhi L-G for the second time.

In the first such order afterwards, President Droupadi Murmu on June 21 appointed Justice (Retd) Kumar of Allahabad High Court to the post under the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.

The appointment came after Justice (Retd) Rajeev Kumar Shrivastava of the Madhya

Pradesh High Court, proposed for appointment as the DERC Chairperson by the AAP Delhi government, had expressed his inability to be appointed in a communication to Lieutenant Governor V K Saxena citing “family commitments and requirement.”

On Friday, Atishi had expressed her “deep distress” at the inconvenience caused to the DERC chairperson-designate blaming the “unprofessional behaviour” of one of her officers for the continued delay in his swearing-in.

A day later, Power Department sources had sought to underline that the delay “seemed deliberate” and could invite disciplinary proceedings against the minister.

Lieutenant Governor Saxena had, sources pointed out, broached the topic in a letter to Chief Minister Arvind Kejriwal asking him to ensure that the oath was administered to Justice (Retd) Kumar without any further delay on June 27. After this, the chief minister, power department sources underlined, directed the power minister to administer the oath as soon as possible.

“The Power Minister was apprised about taking convenient time from the chairman-designate on June 22 itself. Till June 28, that is for nearly five days, the power minister had not disowned the department’s communication with the Retd Judge seeking a convenient time, but did so yesterday,” a source said.

“Instead of the power department official, it is a case for disciplinary action against the power minister for not complying with the directions of the chief minister and also causing undue hardship to the chairman-designate,” the source added.

In her letter to Justice (Retd) Kumar, Atishi had stated, “This unfortunate situation has arisen because the Power Department wrote to you, asking for time for taking of oath, without my instructions or without checking my availability.” According to sources, this was in response by the minister to Justice (Retd) Kumar’s communication that a decision regarding his swearing-in, following his appointment on June 21, was “still pending” with her.

Sources aware of the content of his communication said the chairperson was informed that Atishi will not be available after June 29 and would be available for the oath ceremony from July 3 onwards.

In response, Atishi termed “extremely shocking” that the Power Department would write to Justice (Retd) Kumar “without even asking” whether she was available on those dates.

“It is because of this shockingly lax and unprofessional behaviour that someone as senior as you has had to undergo this inconvenience… I have directed the Power Department to take disciplinary action against the officer who is responsible for this. We can have the Oath Taking Ceremony in my office at 6 pm on July 3rd (Monday) or any time in second half of the day on July 4th (Tuesday),” she stated.