Kejriwal Vs Jung - Delhi Government Feud

NEW DELHI (TIP): The Centre, throwing its full weight behind lieutenant governor Najeeb Jung in his ongoing tussle with Arvind Kejriwal government, on May 22 amended a 1993 notification to clarify that Anti-Corruption Bureau shall have no jurisdiction to probe complaints against officers, employees and functionaries of the central government.

In a gazette notification issued late on May 21, the Union home ministry ordered insertion of a new paragraph in the 1993 notification, as amended in 2014, stating that “the anti-corruption bureau police station shall not take any cognisance of offences against officers, employees and functionaries of the Central government”.

It also substituted Paragraph 2 of the existing notification, rewriting it as “this notification shall apply to officials and employees of the National Capital of Delhi subject to provisions contained in Article 239AA of the Constitution”.

The amended notification follows a day after Prime Minister intervened to settle the row that broke out after Kejriwal objected to LG’s “unilateral” decision to appoint IAS officer Shakuntala Gamlin as acting chief secretary.

Reacting to the MHA notification, Delhi CM Kejriwal said that the BJP has again lost in Delhi today.

“BJP first lost Delhi elections. Today’s notification shows the BJP’s nervousness about our anti-corruption efforts. BJP again lost today,” Kejriwal said in a tweet.

The home ministry, through the new notification, has settled the Constitutional position regarding LG’s primacy to decide on posting, transfers and vigilance matters relating to Union Territory cadre officers of the All-India Services as well as services like DANICS and DANIPS.

“..State Public Service Commission and State Public Services Commission…do not exist in the NCT of Delhi,” the notification says, adding that UT cadre IAS and IPS officers are common to Delhi, Andaman & Nicobar Islands, Daman & Diu, Dadta & Nagar Haveli, Puducherry, Arunachal Pradesh, Goa and Mizoram, administered by Central government through the Union home ministry.
“Similarly DANICS and DANIPS are common services catering to UTs of Daman & Diu, Dadra & Nagar Haveli, Andaman & Nicobar Islands, Lakshadweep and NCT of Delhi…also administered by the Central government through the ministry of home affairs,” it further adds.

Stating that NCT of Delhi had no state public services of its own, the Centre said Entry no 41 in state list relating to state public services and state public services Commission was not valid in Delhi’s case.

Also clarifying the LG’s absolute powers insofar as “reserved” subjects of public order, police and land, the notification clarified that Article 239AA was clear that LG, “in his discretion”, may obtain views of the chief minister in regard to the matter of “services” where he seems it appropriate.

This virtually turns Kejriwal’s interpretation that LG is constitutionally bound to consult the chief minister on all such matters, on its head.


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