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Jung has exceeded authority: Legal experts
New Delhi, May 19
Senior lawyers Indira
Jaising and Rajeev Dhavan have criticized Delhi Lt. Governor Najeeb Jung
for rejecting an appointment of an official by Chief Minister Arvind
Kejriwal, with one of them saying that Jung had "exceeded his
authority".
The two eminent lawyers submitted their legal opinion
to the Kejriwal government on the tussle over the transfer and posting
of Delhi bureaucrats. The AAP government had sought their advice after
disagreements between Jung and Kejriwal snowballed into a major row.
Jung's
office, however, refused to comment on the issue when contacted by
IANS, saying an official statement would be issued later on Tuesday.
In
his written advice, Dhavan said: "It is abundantly clear that the Lt.
Governor has exceeded his authority and has turned the entire
relationship between himself and the council of ministers on its head to
jeopardise democracy and the constitution."
An Aam Aadmi Party leader said that it sought the opinions from Jaising and Dhavan.
In
her letter, Jaising said the political executive was "constitutionally
empowered" to choose its own officers in accordance with the cadre.
"Who
will be the chief secretary or any other secretary of the government is
a matter in which the governor has to yield to the will of the
political executive which has been democratically elected," she said.
She
also said that the discretionary power to appoint a chief secretary can
be found neither in the constitution nor in any statute.
"These
are not matters, by any stretch of imagination, which fall under the
individual discretionary powers of the governor. Even otherwise, relying
upon the provision to article 239 AA (4), the Lt. Governor cannot issue
directions to appoint a chief secretary," she said.
Among other
provisions, article 239 AA (4) states: "Provided that in the case of
difference of opinion between the Lt. Governor and his ministers on any
matter, the Lt. Governor shall refer it to the President for decision
and act according to the decision given thereon by the President and
pending such decision... take such action or to give such direction in
the matter as he deems necessary."
The tussle between Kejriwal
and Jung started over the appointment of senior bureaucrat Shakuntala
Gamlin as the acting chief secretary on May 15.
The chief minister accused Gamlin of lobbying for power distribution companies.
The
row escalated into a situation where another bureaucrat, Principal
Secretary (Services) Anindo Majumdar, was locked out of his office at
the Delhi Secretariat on Monday.
This was reportedly done on the
orders of Kejriwal as Majumdar had followed Jung's instruction to
appoint Gamlin as acting chief secretary.
Earlier on Monday, the
tussle between Kejriwal and Jung intensified when the latter rejected
the appointment of Rajendra Kumar as the Principal Secretary (Services).
Jung
termed Kumar's appointment "void" but later the Delhi government
replied that it won't pay heed to what he (Jung) had said as it was
"unconstitutional".
Kejriwal on Sunday attacked the Modi
government over Gamlin's appointment as acting chief secretary of Delhi,
saying it was meant to trip up his government which took power in the
capital in February.
.