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This is an archive article published on May 22, 2018

Lt Governor strikes down 13-lawyer panel, CM Arvind Kejriwal lashes out

Chief Secretary Anshu Prakash has issued a note stating the appointments, on November 29 and January 18, were made without the L-G’s approval.

‘Assault’ on Chief Secreatry: Kejriwal says he is ready to be questioned today The L-G does not have the power to reject any government proposal, said Arvind Kejriwal. (File)

Lieutenant Governor Anil Baijal has struck down a panel of 13 lawyers empanelled by the Delhi government, citing “procedural lapses” in their appointment. Chief Secretary Anshu Prakash has issued a note stating the appointments, on November 29 and January 18, were made without the L-G’s approval.

Dated May 17, the note added that the appointments were also in violation of the manner specified under the GNCTD Act. The lawyers were appointed following the approval of Deputy Chief Minister Manish Sisodia for conducting cases on behalf of the Delhi government in the high court, and for giving legal opinion.

Reacting to the decision, Chief Minister Arvind Kejriwal tweeted, “Hamare saare advisor reject, saare vakil reject, CCTV reject, doorstep delivery of ration reject. LG sahab, zindagi mein kuch construct bhi kijiye, sab kuch reject, reject and reject?” He added, “The L-G does not have the power to reject any government proposal. Under the Constitution, the L-G can only express his difference of opinion. This rejection is completely illegal, unconstitutional and without jurisdiction.”

The chief secretary’s note was issued a day after the L-G office wrote to him saying that as per a report submitted by Principal Secretary (Law), the empanelment was done in “material departure” from the Transaction of Business Rules without obtaining the L-G’s clearance.

“As per the report submitted by the principal secretary (LJ&LA), GNCTD through the chief secretary, under Rule 57 of the Transaction of Business of GNCTD Rules, the above orders have been issued in material departure from the TBR without obtaining the approval of Hon’ble Lt Governor… Therefore, all concerned may kindly note that the said orders of 29.11.2017 and 18.01.2018 have not been validly issued in view of the material infirmities…,” it said.

“A copy of this note is also endorsed to Pay and Accounts Officers, through Principal Secretary (Finance), for further appropriate action as per rules,” the chief secretary said. Lawyers in the list include Indira Jaising, Colin Gonsalves, Rebecca Mammen John, Anand Grover, Sanjay Hegde and Rajiv Bansal, among others.

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