Delhi govt vs chief secy: Atishi says LG’s control over services not absolute

The minister alleged that Kumar refused to follow orders given by Atishi to establish a coordination mechanism among NCCSA and all the departments

Delhi minister Atishi on Friday wrote to lieutenant governor (LG) VK Saxena and said that the elected government also enjoys some powers related to services under the Government of National Capital Territory of Delhi (Amendment) Act, 2023 which was recently codified into law.

New Delhi, Aug 25 (ANI): Delhi Education Minister Atishi speaks during the inauguration of Dr. B. R. Ambedkar School of Specialised Excellence in the Kohat Enclave area, in New Delhi on Friday. (ANI Photo) (ANI)

Atishi’s letter came a day after she wrote to Saxena, saying chief secretary Naresh Kumar has refused to follow orders pertaining to the implementation of a coordination mechanism for the National Capital Civil Services Authority (NCCSA).

“The GNCTD (Amendment) Act, 2023 accords only specific powers to the LG in relation to services, which are to be exercised on recommendations made by the NCCSA. Therefore, in light of the order of the Supreme Court and the GNCTD Amendment Act, all other powers in relation to services which have not been conferred on the Lieutenant Governor or the Authority (NCCSA) are to be exercised by the elected government of Delhi, comprising the council of ministers,” Atishi wrote in the letter. HT has seen a copy of the letter.

The minister alleged that Kumar refused to follow orders given by Atishi to establish a coordination mechanism among NCCSA and all the departments.

The GNCTD (Amendment) Act gives control over bureaucrats in Delhi to the Centre. The Act constitutes NCCSA with the chief minister as its head and the chief secretary and principal secretary as the two other members. NCCSA recommends the transfer and posting of the bureaucrats to the LG. In case of a disagreement, the LG has the final word.

Atishi said that the amended Act has omitted Section 3A, which is deemed to have been present in the 1991 Act only from the date of promulgation of the Ordinance till the date of the GNCTD (Amendment) Act, 2023 coming into force. Section 3A excluded the elected government of Delhi from laws with respect to services, and consequently, the executive power of the Delhi government over services was also excluded.

Therefore, the minister argued, the Delhi government enjoys all other powers in relation to services that have not been conferred on the LG or NCCSA. “However, I have received a note from the chief secretary... it says that despite the removal of Section 3A from the GNCTD Act, effective executive control over all matters related to “services” and “vigilance” will lie with the central government and LG and not with elected government. The elected government disagrees with the legal interpretation,” Atishi said.

Kumar did not a respond on the matter.