Delhi LG office hits back at Kejriwal’s order to reopen DDC offical’s office

DDC, the Delhi government’s think tank, has been behind the formulation of various policies of the Aam Aadmi Party (AAP) government in Delhi, and its vice-chairperson holds the rank of a minister.

A day after Delhi chief minister Arvind Kejriwal ordered the planning department to de-seal the office of the Dialogue and Development Commission of Delhi (DDC) vice-chairman Jasmine Shah “without any delay”, the lieutenant governor’s office on Saturday termed the order “illegal” and “meaningless”, and added that the matter has already been referred to the President of India.

The sealed office of Dialogue and Development Commission of Delhi vice chairman Jasmine Shah in New Delhi on November 18. (PTI)

In a letter written by the Raj Niwas (LG’s secretariat) to the secretary-in-charge of planning department, the LG secretariat that the matter is already pending for consideration of President of India, and according to the article 239 AA(4) of Constitution any further action on this matter has to be taken only in accordance with the decision given by President. HT has seen a copy of the letter.

DDC, the Delhi government’s think tank, has been behind the formulation of various policies of the Aam Aadmi Party (AAP) government in Delhi, and its vice-chairperson holds the rank of a minister.

Shah’s office was sealed on November 17 by the SDM, Civil Lines on orders of lieutenant governor VK Saxena over allegations that he “misused” his office for political purposes. The AAP has denied the charge.

In an order dated Thursday, Kejriwal asked the planning department, which is the administrative department of DDC, to recall the order on the basis of which Shah’s office was sealed.HT has seen a copy of the order, which was signed by Kejriwal, who by dint of being CM is the chairman of the think tank.

An official in the LG’s office, who asked not to be named, said on Saturday that the order by the chief minister was “infructuous and issued deliberately to divert attention and play up to the gallery”. “The file was sent by the planning minister and deputy CM Manish Sisodia, which was endorsed by CM Kejriwal, on November 30, 2022, under which they had sought to override the planning department order that had restricted Jasmine Shah from functioning as vice-chairman of DDC. While disposing the matter, LG VK Saxena had invoked difference of opinion under Article 239AA(4) of the Constitution and referred the matter to the President of India for a final decision. LG’s decision to this effect was also formally communicated to the Chief Minister in writing,” the official said.

Reference by LG to President is illegal. He has to refer the matter to the CM and Cabinet before referring any matter to President. He has not done so. This reference is also against SC judgement.

Article 239AA of the Constitution grants special status to Delhi among the Union Territories through the 69th amendment. The Article 239AA says, “Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President.”

In the order, Kejriwal wrote, “The VC DDCD has not committed any infraction which would entail either his removal from the office or other punitive action emanating from the order (17 November 2022). Therefore, the fundamental premise of the proceedings against Shah, namely, that having been appointed as a government servant, he misused the office of the VC DDCD by attending certain TV debates is flawed and without any basis.”

The LG had given the order to seal Shah’s office on the basis of a complaint by Bharatiya Janata Party (BJP) leader and West Delhi MP Parvesh Sahib Singh Verma in September, who alleged that Shah was using his office for political activities like attending political debates on TV on behalf of the ruling AAP. Subsequently, Shah’s office was sealed on orders of LG Saxena in November after giving him two opportunities to respond to a show cause notice.

In his letter, Kejriwal said the LG’s actions were beyond his jurisdiction. “It is necessary to place on record the fact that the LG is not vested with any jurisdiction or authority in law to take cognizance of the complaint dated 13.09.2022 or for that matter pass any order / direction,” he wrote.