File Photo: Lt Governor of Delhi Najeeb Jung with Chief Minister Arvind Kejriwal
Delhi Chief Minister Arvind Kejriwal's claim is "misplaced" that the Lieutenant Governor, Najeeb Jung did not consult him in the matter of appointing Shakuntala Gamlin as Chief Secretary, the Centre told the Delhi High Court on Friday.
In its affidavit submitted to the court, the Union Home Ministry said that the Lt Governor had taken a well thought decision to choose Ms Gamlin on May 13, the same day Mr Kejriwal sent the two names of Ms Gamlin and Parimal Rai for the charge of officiating Chief Secretary. However, the decision was not implemented until May 16, but the said order was conveyed by the Secretary to the Lt Governor for implementation, the ministry said in an affidavit.
The ministry also said that the Aam Aadmi Party government was under a "misconception" about its powers, as the National Capital Territory of Delhi is only a Union Territory with a legislative assembly. The government does not have its own public services or public services commission, it has no legislative or executive powers related to services and appointment of bureaucrats like the Indian Administrative Services and the Indian Police Service, said the ministry.
The state's anti-graft unit can only initiate action against officers of the Delhi administration under the Prevention of Corruption Act. The ministry said. "The power to initiate action against the officers of the central government has not been conferred upon ACB, Delhi, and definitely cannot be implied on account of the principles of territorial jurisdiction, i.e. alleged offences having been committed in the territory of NCT."
The submissions have been made by the Home Ministry in reply to Delhi government's plea challenging the Centre's May 21 notification which gave the Lt Governor, absolute powers to appoint bureaucrats to various posts in the national capital and barred the ACB from proceeding against any staff under the Centre's control.