Files should go to the L-G for information, not concurrence: Kailash Gahlot
Gahlot based his observation on the advice given in May by the then principal secretary (law), Sanjay Garg, who noted that prior concurrence of the L-G is not required in notifying various proposals.Updated: Jun 15, 2019 05:12 IST
Delhi law minister Kailash Gahlot has written to his fellow cabinet ministers as well as to the chief minister’s office that officials must not wait for L-G’s approval before clearing files. Gahlot based his observation on the advice given in May by the then principal secretary (law), Sanjay Garg, who noted that prior concurrence of the L-G is not required in notifying various proposals.
In his letter dated May 31, which now has been circulated to all government departments, Gahlot said all files need to be sent to the L-G only for the sake of “information and not approval”. The missive comes at a time when the Delhi government has notified revision of auto fares and appointments of counsels in district courts — both of which were stuck for the want of the L-G’s approval.
“It has been noted that different files are shuttling between the department concerned, law department, finance department, etc. on account of different interpretations being placed upon requirement of prior approval/concurrence of the L-G in various matters,” reads the minister’s letter.
Citing the Supreme Court judgment of July 4, 2018, Gahlot said, “It has been clearly laid down that the L-G is bound by the aid and advice of the council of ministers in all matters except three reserved subjects i.e. public order, police and land. However, all such decisions need to be communicated to the L-G.”
He added that after the SC judgment “there should not normally be any scope for misinterpretation” as the SC’s order is “very clear”.
Garg, while clearing the file of appointing counsels in courts, had said, “However, as per the law settled by the SC, L-G is required to be kept informed with respect to all the decisions taken by the council of ministers. The L-G can exercise the powers provided under Article 239(4) proviso thereafter.”
The Aam Aadmi Party government and the L-G’s office have been at loggerheads over clearance of flagship projects, including the mohalla clinics, installation of CCTV cameras, doorstep delivery of services, etc.