The Aam Aadmi Party (AAP) government in Delhi has alleged that the Principal Secretary (Finance) and Chief Secretary have refused to obey the orders of the elected government in the national capital, terming it as an aftermath of the GNCTD (Amendment) Act 2023.
Elaborating on the order concerning the Principal Secretary (Finance), Delhi Minister Atishi said in a press conference that the officer was asked to appoint a government lawyer and register and SLP in the Supreme Court.
“Despite repeated orders from former Finance Minister Kailash Gahlot and me, the Principal Secretary (Finance), citing Section 45(J)5 of the GNCTD (Amendment) Act 2023, has neither appointed a lawyer nor registered the case in the Supreme Court till date,” Atishi said.
“If officials will refuse to accept orders of the elected government for routine governance issues, how will the work of Delhi people continue? Democracy defined as a system that is ‘of the people, by the people and for the people’ is ensured through a triple chain of accountability. In a democracy, the ‘triple chain of accountability’ holds officers accountable to the Minister, but GNCTD (Amendment) Act 2023 has finished this accountability,” Atishi said.
The Delhi minister said, “It was clearly mentioned in the order that if we will have to pay the GST refund in this case, the public exchequer will face loss but the Principal Secretary (Finance) didn’t take any action.”
Providing further details, Atishi stated, “As we are witnessing in present times in Delhi that democracy, the Constitution and the Federal Structure is being disregarded repeatedly. The Central government has introduced the GNCTD (Amendment) Act 2023, also known as the Services Act, which significantly curtails the authority of the elected government of Delhi.”
Reacting to the alleged refusal of the officers to follow the orders, Delhi Chief Minister Arvind Kejriwal alleged that the Delhi Services Act has given open license to officers to “outrightly rebel against the written orders of elected government” 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,” Arvind Kejriwal said.
Atishi emphasised that due to the illegal and unconstitutional nature of the GNCTD Amendment Act, numerous officials have now begun to rebel against the elected government, a press release mentioned.
On Monday, in a fresh escalation of the power struggle in Delhi, the AAP government, in a statement, termed the legislation “unconstitutional” that “took away” the vested powers of the democratically elected government in Delhi.
Atishi, who holds the portfolios of services and vigilance, in her orders on August 16 and 19 directed that transfer and posting proposals to be placed before the National Capital Civil Services Authority (NCCSA) and documents of vigilance department to be sent to other departments and the lieutenant governor would require her consent.
Chief Secretary Naresh Kumar in his report submitted to the LG on August 21 observed that Atishi’s orders were in “material departure” from the provisions of article 239AA (4) of the Constitution, the GNCTD Act and the rules made under it, prompting Delhi minister Atishi to allege that the chief secretary was “disobeying” her orders.
(With agency inputs)
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Updated: 30 Aug 2023, 08:21 PM IST
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