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Did Kejriwal bite more than he can chew?

‘CM left decision hanging for 40 hrs’

NEW DELHI: Another bureaucrat has got caught in the battle between chief minister Arvind Kejriwal and lieutenant-governor Najeeb Jung . Snubbed by power secretary Shakuntala D Gamlin, who took over as acting chief secretary on Saturday despite being advised against it, the AAP government stripped principal secretary (services) Anindo Majumdar of his charge on Saturday. His crime: he had issued the office order notifying the appointment of acting chief secretary on Friday following orders from the LG’s office. The LG reacted by declaring the state’s order to take away the charge of department of services and general administration from Majumdar, a 1985 IAS batch officer, “ab-initio void”.Gamlin’s defiance had led Kejriwal to dash off a letter to the LG showing him the rule book and accusing him of bypassing the elected government and trying to run the city directly. The CM has now sought time from the President to apprise him of the “Delhi situation”, in a clear escalation of the conflict. The LG responded with another letter defending his conduct.A third bureaucrat too targeted by AAP governmentKejriwal's choice says not ready, excuses himselfKejriwal also tried to play the victim and put the ball in the public court by taking to Twitter. “All over country, huge nexus betn politicians, officers n cos. In Del, v r trying to break that nexus. That’s why whole system opposing.” Deputy CM Manish Sisodia went a step further. “The BJP through LG of Delhi has attempted a coup against the democratically elected government of Delhi with highest ever mandate in the history of the state,” he said. “This is for the first time that LG is issuing direct instructions to officers, bypassing the chief minister and council of ministers.”The LG’s office clarified that on the issue of appointment of an acting chief secretary, the CM “was duly consulted on file and the relevant note sheet is in public domain”.The LG accused the CM of sitting on the file and not responding for over 40 hours which necessitated the order as the office of the chief secretary cannot be left vacant. “The chief secretary is required not just for normal work but also for any emergency that may come up,” said the statement. Once again, the Lieutenant Governor said he regretted “the insinuation against a respected senior civil servant and the complaint will be examined as per procedure”.The statement also disapproved of the action against the principal secretary (services), asserting that “this does not have the approval of the LG, who is the competent authority to transfer officials of that rank. This order is ab-initio void”. This means that Majumdar will contine to hold charge. It is learnt from sources that Majumdar, while issuing the order for appointment of the acting chief secretary, had sent a copy to the chief minister’s office on Friday.Kejriwal began his letter on a scathing note. “I am aghast by your questionable instructions issued directly to the principal secretary (services) to post an officer of your choice as the acting CS. In doing so you have bypassed the democratically elected government,” he told the LG. He then asked the LG to cite the relevant article of the Constitution or the provision of the NCT of Delhi Act or Transaction of Business Rules which gave Jung “such extraordinary powers to bypass and attempt to render the democratically elected government ineffective and directly run the government through the secretaries”.The CM cited Article 239 AA (4) of the Constitution and many other sections of relevant laws, including rule 52 of Transaction of Business Rules, wherein the lieutenant governor’s direction can be given only to a minister. “In this context, if any communication at all was required, the LG should have written to the deputy CM, Manish Sisodia, who is in-charge of services department. Despite such clear procedure, you have opted not to follow the law but have tried to take over the government and get the orders issued directly by principal secretary, services, who, I believe was intimidated into acting in concert with you. I cannot but conclude that this is a thinly-disguised attempt to render the democratically elected government ineffective and administer the capital directly,” he stated.Kejriwal asked the LG to remain within the confines of the Constitution and the laws relating to the government of Delhi. “You are holding a constitutional post. Whatever be the political pressures, you have a duty to uphold the Constitution. As regards the appointment of the acting chief secretary, the government has been hesitant in appointing Shakuntala Gamlin, whose name you have been pushing hard,” the CM stated. He referred to a secret note from the power minister, Satyendra Jain, where the reasons for the hesitation were mentioned and also made known to the LG in the past few days. He concluded by opposing the appointment of Gamlin and asking the LG to review the decision.