Delhi chief secy asks Sisodia’s office to list files ‘sent to LG directly’

Sisodia’s letter was the latest in the ongoing tussle between the Aam Aadmi Party (AAP) government and the Centre-appointed LG over who controls the bureaucracy in Delhi.

Days after deputy chief minister Manish Sisodia alleged in a letter to lieutenant governor (LG) VK Saxena that several officers were bypassing ministers by directly sending files to the LG office, chief secretary Naresh Kumar has sought details of all such files from government departments and the deputy CM’s office.

Delhi deputy chief minister Manish Sisodia. (ANI)

Sisodia’s letter was the latest in the ongoing tussle between the Aam Aadmi Party (AAP) government and the Centre-appointed LG over who controls the bureaucracy in Delhi. In two affidavits filed before the Supreme Court last month, Sisodia said that Saxena has been trying to appropriate the executive powers of the government , and is running a “parallel system of governance”. The Centre has termed the affidavits as an “abuse of process”.

In the letter Sisodia’s secretary dated December 26, which HT has seen, the chief secretary sought details of files cited by Sisodia by January 2, 2023. It added that though the LG is empowered to call for files on any matter under rule 19(5) of the Transaction of Business Rules, he has not exercised this power so far.

“More than 4,000 files have been processed by this office (CS office) as per file monitoring system records, since the present chief secretary has taken over on (April 21, 2022). Therefore, to appreciate the instant matter for ensuring compliance of the statutory provisions, details of ‘certain files as well as direct orders/directions/approvals to officers’ referred to by the deputy CM would be required. Accordingly, the office of the deputy CM is requested to kindly provide details of those cases to CS office for taking further necessary action in the matter,” the letter written by Ashish Madhaorao More, staff officer to chief secretary, said.

The chief secretary’s office forwarded the letter to the heads of all departments and agencies.

No reaction was immediately available from the Delhi government or Sisodia’s office over the chief secretary’s letter.

An official aware of the development said the move was aimed to ascertain whether the allegations made by the deputy CM in his December 23letter to the LG, and repeated in an order issued by him to the chief secretary and other secretaries, have any substance.

In the order to the chief secretary and other officials, the deputy CM had said, “Certain files pertaining to important policy decisions have in the recent past been forwarded directly by you to the office of the LG without routing the same/putting it up to me as the minister in charge of the department…”

Sisodia had also alleged that the LG was bypassing the ministers and Cabinet “contrary to the settled tradition and practices under the transaction of the business of the government”, and said the practice was in “contravention of the applicable constitutional provisions enshrined in Article 239AA (of the Constitution), the extant statutory regime put in place by the GNCTD Act, 1991 and, last but not the least, the law laid down by a constitutional bench of five judges of the Supreme Court.”

In a July 4, 2018 order, the Constitution bench of the Supreme Court, which was hearing the power tussle case between the Delhi government and the Centre, ruled that the Delhi LG is bound to act on the aid and advice of Delhi’s democratically elected government. A five-judge bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, is expected to take up on January 10 cases pertaining to the tussle between the Centre and Delhi government over who controls services (bureaucracy) in the Capital.