Centre rubs it in, says officers under its fold, Delhi’s AAP government prepares to go to court

Chief Minister Arvind Kejriwal slammed the Centre: “I have no jung (battle) with (Lt Governor Najeeb) Jung. We are fighting corruption and the Modi government is scared of us. The Lt Governor is just a face… Pre-independence, the Queen of England used to send notifications to the Viceroy here. Now, Jung Sahab is the Viceroy and PMO is London.”

READ: Centre gives L-G Najeeb Jung absolute powers to appoint bureaucrats

Pointing out that the notification stated that the Anti-Corruption Branch (ACB) “shall not take any cognizance of offences against officers, employees and functionaries of the Central government”, he wondered “who are the people the Modi government is trying to protect”.

He said such actions amount to promoting corruption.

The reference to “services” in the notification was interpreted differently by the MHA and the Delhi government.

READ: Kejriwal, Jung tussle: Home Ministry says L-G is administrative head of Delhi

MHA officials said the inclusion of services in the reserved list meant that the Delhi government would have no power in appointment of senior officers. The three reserved subjects — police, public order and land — were already out of the Delhi government’s purview. One official said obtaining the views of the Chief Minister on “services” will now be at the discretion of the Lt Governor.

“The notification, issued after seeking the legal opinion of the Attorney General, means that the Lt Governor will act exclusively under the overall direction and control of the Central government on the four subjects of police, public order, land and services,” the official said.
The notification supersedes the 1998 notification under which the Lt Governor was to exercise his functions on matters relating to police, public land and order in consultation with the Chief Minister.

Watch Arvind Kejriwal’s press conference video here:

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The Indian Express first reported that Kejriwal wrote to Home Minister Rajnath Singh on April 30, requesting him not to withdraw the notification.

The notification referred to “Entry 41 of the State List which deals with the State Public Services, State Public Service Commission which do not exist in the National Capital Territory of Delhi. Further, the Union Territories cadre consisting of Indian Administrative Service and Indian Police Service personnel is common to Union Territories of Delhi, Chandigarh, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry and States of Arunachal Pradesh, Goa and Mizoram which is administered by the Central government through the Ministry of Home Affairs.”

“…similarly DANICS and DANIPS are common services catering to the requirement of the Union Territories of Daman & Diu, Dadra Nagar Haveli, Andaman and Nicobar Islands, Lakshadweep including the National Capital Territory of Delhi which is also administered by the Central government through the Ministry of Home Affairs. As such, it is clear that the National Capital Territory of Delhi does not have its own State Public Services. Thus, ‘Services’ will fall within this category,” the notification stated.

Kejriwal said his government was seeking legal opinion on the notification and ‘services’ mentioned in the notification may not mean transfer and posting of bureaucrats. “We are getting the notification examined. Portion that says ‘services’ are under the Lt Governor means service conditions, not transfer, postings. They need to issue one more notification to include transfer and postings,” he said.

“Congress and BJP liaisoners have been trying to accommodate their officials through transfer-posting industry so that they get tenders. In Delhi, liasioners of both parties have been kicked out of the system. We will not let it happen at any cost,” he said.

He accused the BJP of attempting a coup in Delhi. “Modiji’s government has completed one year and he has given this notification as a gift to the residents of Delhi. With three MLAs, he wants to run the Delhi government via the back door. This notification has back-stabbed people.”

Commenting on the notification, Union Finance Minister Arun Jaitley said the notification on allocation of powers in Delhi would “remove” all confusion. “The circular issued by the Home Ministry is a clarificatory note… We do not want that due to the confusion, offices get locked,” he told a press conference.