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This is an archive article published on July 9, 2022

Services dept stopped replying to queries since Centre’s 2018 order: Delhi Assembly panel

The committee consisting of AAP MLAs Atishi, Rajesh Gupta and Somnath Bharti in its report said the non-responsiveness of the department is unconstitutional and against the public interest.

According to the committee's report, the questions raised by the MLAs from 1993 to 2022 were investigated, and it was observed that in 2018, the central government issued an order following which the replies to the questions on the subject matter were not provided to this 
Assembly. (PTI/File)According to the committee's report, the questions raised by the MLAs from 1993 to 2022 were investigated, and it was observed that in 2018, the central government issued an order following which the replies to the questions on the subject matter were not provided to this Assembly. (PTI/File)

The three-member committee formed by the Delhi Assembly to probe the Services Department‘s refusal to reply to questions raised by MLAs submitted its report Saturday. It said that as the salaries are drawn from the Assembly budget, all departments are liable to answer queries raised by its members.

The committee consisting of AAP MLAs Atishi, Rajesh Gupta and Somnath Bharti in its report said the non-responsiveness of the department is unconstitutional and against the public interest.

“The committee strongly recommends that the government of NCT of Delhi should take appropriate steps to ensure that the replies to the questions raised by the Members in the Assembly are duly answered by the Department concerned. The committee recommends that in cases of non-receipt of replies, the Administrative Secretary/Head of Department shall be personally held liable and responsible,” read the report.

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According to the committee’s report, the questions raised by the MLAs from 1993 to 2022 were investigated, and it was observed that in 2018, the central government issued an order following which the replies to the questions on the subject matter were not provided to this Assembly. “However, this covert manner to curtail the powers of the Delhi Legislative Assembly and its privileges is unconstitutional,” read the report. Officials sources in the Assembly said that following the centre’s order, the services department has stopped replying to questions raised by the MLAs citing reasons as “reserved subject”.

“As of now, the replies to 27 questions have not been furnished to the sixth and seventh Legislative Assembly. This is an insult and grave injustice not only to the Delhi Legislative Assembly but also to the residents of Delhi who voted and elected their 70 MLAs. This is a blatant violation of democracy and democratic principles,” said sources.

The report said that the Services Department comes under the jurisdiction and control of the Lieutenant Governor in terms of the MHA Notification dated May 21, 2015, and not under the control of the elected government of the NCT of Delhi. “The Speaker is the sole authority who decides the admissibility of questions. The L-G certainly has no power to direct the Speaker either to entertain or to refrain him from allowing or admitting any specific questions,” the report stated.

The report also said that a large number of vacancies have not been filled up, as a result of which a number of vacancies have not been filled up for long. “The Committee views with distress that a large number of posts under different categories such as teacher, doctors, pharmacists etc. are presently lying vacant thereby affecting the effective functioning of the elected Government of NCT of Delhi and is also against public interest which is working day and night to improve the quality of life of the residents of Delhi,” the report said.

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The decision to form the committee came after MLAs expressed concerns over “the services department’s refusal to answer questions on vacancies and appointments placed by MLAs on the pretext of a Central government order” on July 5 during the two-day monsoon session.

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