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GST refund: Delhi minister says finance secy not filing appeal in top court

Aug 30, 2023 11:29 PM IST

Delhi services minister Atishi said senior officials were refusing to follow orders of elected government citing provisions of the GNCTD (Amendment) Act, 2023

Delhi services minister Atishi on Wednesday said that senior officials were refusing to follow orders of the elected government citing provisions of the GNCTD (Amendment) Act, 2023, citing an instance in which the principal finance secretary tried to allegedly stonewall attempts by the AAP government to initiated proceedings to legally reclaim GST refunds.

Delhi services minister Atishi. (HT file)
Delhi services minister Atishi. (HT file)

Chief minister Arvind Kejriwal also weighed in with a demand to strike down the law. “Delhi Services Act gives license to officers to openly rebel against written orders of elected govt. And officers have started refusing to obey the orders of elected Ministers. Can any state or country or institution run like this? This Act will ruin Delhi and this is what BJP wants. The act needs to be struck down as soon as possible,” Kejriwal wrote on X (formerly Twitter).

Addressing a press conference on Wednesday, Atishi said former finance minister Kailash Gahlo issued instructions to the finance department on June 5 to appoint a lawyer and file a case in the Supreme Court to contesting central government’s GST refund claims.

“Despite instructions, finance department officials did not appoint an advocate or filed a case in the Supreme Court. When I received the file on July 12 (after assuming charge of the ministry on June 30), I reiterated the same instructions, but now the finance secretary has blatantly refused to accept the orders,” she said.

The minister said that instead of carrying out orders by the elected government the finance secretary has sent a 40-page letter, citing sections of GNCTD (Amendment) Act 2023, refusing to implement the orders. “Due to the illegal and unconstitutional nature of the GNCTD Amendment Act, numerous officials have now begun to rebel against the elected government,” Atishi added.

This is the second instance in which the Delhi government has alleged direct disobedience by a senior state official after the Centre enacted the GNCTD (Amendment) Act, 2023 on August 7. On August 24, Atishi said that the Delhi chief secretary refused to follow orders pertaining to the implementation of a coordination mechanism for the National Capital Civil Services Authority (NCCSA). In a 10-page response to Atishi, the chief secretary said that minister had no authority over matters related to NCCSA.

The amended law places bureaucrats serving in the Delhi government under the control of the central government. The law followed a long-drawn legal tussle between the AAP-ruled Delhi and the BJP-ruled Centre over who controls services in Delhi. While the Supreme Court ruled in favour of the Delhi government on May 11, the Centre brought an ordinance on May 19 effectively nullifying the SC verdict. The amended law replaced the ordinance.

Ashish Chandra Verma, principal finance secretary,said, “I have sent a report under Section 45j, pointing out that the appointment of special counsel and fixation of fees by ministers without following the proper financial procedure is not correct. Ministers are fixing fees of lawyers themselves and the government has to pay huge fees without the matter being examined by law and finance departments. I have pointed out that this is irregular and there is a prescribed procedure for appointment of special counsels. All lawyers for Supreme Court are to be given by central law agency but the ministers were insisting for appointing particular counsels who are not fit for representing the government in the top court.”

Atishi said the new law curtails the authority of the elected government in Delhi. “The democratic principle is upheld through a triple chain of accountability, a concept that has been referenced by the Supreme Court in its judgments. Civil service officers are accountable to Ministers; ministers are accountable to Parliament; and parliament/legislature is accountable to the electorate,” said the minister while terming the law unconstitutional.

Delhi BJP president Virendra Sachdeva said that Delhi chief minister Arvind Kejriwal and his ministers are frustrated as the GNCTD (Amendment) Act has put an end to their anarchic corrupt governance practices. “The daily statements by Kejriwal and his ministers are exposing their frustration as they are no long able to browbeat officials to accept their illegal diktats. It’s high time that the AAP government should stop creating drama and put an end to their struggle for power to pursue their anarchic ways.”

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