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MHA advice to LG to not follow SC order dangerous: Kejriwal

| @indiablooms | Jul 06, 2018, at 07:11 pm

New Delhi, July 6 (IBNS): Delhi Chief Minister Arvind Kejriwal on Friday slammed the Centre for advising the Lieutenant Governor Anil Baijal to ignore that part of Supreme Court's order which restricts the LG's power to only three subjects.

The Delhi CM said he has sought time from Union Home Minister Rajnath Singh to request him to follow the apex court's order.

In a tweet, Kejriwal wrote:

Kejriwal earlier sought time from Baijal for a meeting to discuss the Supreme Court verdict on Delhi, which favoured the former in a tussle with the LG over the sharing of powers.

The verdict was passed by a five-judge bench of the Supreme Court led by Chief Justice of India Dipak Misra on Wednesday.

The matter moved to the top court after the Aam Aadmi Party (AAP)-led Delhi government had alleged that Baijal is interfering in their works.

The Supreme Court had said the LG can't be an "obstructionist" and is only the "administrative head".

The Supreme Court  had said: "Powers must be with the elected government. LG is an administrator."

The top court had also said that the cabinet must convey all decisions to the LG but his concurrence is not required in all matters.

However, a day after the verdict, bureaucrats rejected an order issued by Deputy Chief Minister Manish Sisodia on the ground that it is "legally incorrect", leading to a fresh row in Delhi.

The latest instance of bureaucrats refusing to carry out government order prompted the ruling AAP to threaten to go to court again indicating a lingering battle between the political executive and the bureaucracy, which allegedly has often worked under the direct command of the Lt Governor, a representative of the Centre rather than an elected government.

Sisodia issued an order withdrawing all powers of transfer and posting of IAS officers and other employees from the Lieutenant Governor, the chief secretary and heads of departments.

The file was sent back the same evening with a detailed note that called Sisodia's order legally untenable.

“The services department had come under the L-G after a home ministry notification issued in May 2015. But the notification addressed to the President, has not been set aside by the Supreme Court,” a government official has been quoted by media.

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