Hours after the Delhi Government advised lieutenant-Governor Najeeb Jung to dissolve the Shunglu Committee scrutinising Government files on decisions taken by the AAP regime, the l-G turned down the request and gave the panel a six-week extension.
The l-G said the "truth hidden behind these files" must come out. "If everything as claimed is as per rules, then why is the elected Government afraid of the truth coming out. Some misdemeanours are of the gravity that already these matters are in the process of being referred to the CBI for investigation," the l-G said in a three-page statement while giving extension to the panel.
The Pioneer had reported on Thursday that the l-G had decided to give extension to the panel. Earlier, addressing a Press conference, Sisodia said a decision in this regard was taken at a Cabinet meeting on Friday chaired by Chief Minister Arvind Kejriwal.
The Delhi Cabinet termed the three-member Shunglu Committee — which was looking into the files — unconstitutional. Sisodia said there is no provision in the Constitution, or in any statute or rule, which mandates setting up of an "external committee" to inquire into ongoing projects of public welfare, question officers and "threaten" to recommend administrative and criminal action against them.
He requested Jung to return all files saying "various important works are being affected" due to this. "The Committee has created a dangerous climate of fear and uncertainty among the bureaucracy, thus threatening to derail the Government functioning in its entirety, noted the Cabinet," he said.
"We have requested the l-G to dissolve the panel as the l-G has no power. The jurisdiction of the l-G is well defined under Article 239AA of Constitution of India, the GNCTD Act, 1991, and the rules framed under the Act," he said.
If the committee continues its "illegal" functioning, not only will it imperil public welfare, it has also the potential to create a serious constitutional crisis in the national capital, noted the Cabinet, according to the Deputy Chief Minister. Sisodia said the "impounding" of over 400 files by l-G is against the transaction of business rules and GNCTD Act.
"The Cabinet also brought to the notice of the l-G that the August 4 Delhi High Court judgment which is being invoked by him to take such actions, has not become final and is currently under challenge before the Supreme Court," he said.
Notices have already been issued by the apex court and the matter is to be finally heard on November 25, he said. "It would have been prudent for the l-G to await the final decision of the apex court before taking such unilateral actions bypassing the elected Government," said Sisodia.
Earlier Deputy Chief Minister claimed that several officers have reported to their respective Ministers that they were summoned by the committee informally and grilled for many hours for decisions taken by them in public interest over the last one-and-a-half years. "Such summoning of officers through oral instructions and then questioning them over the content of the files without duly recording and authenticating the officers' version is against the well-established norms of transparency and propriety," he added.
Meanwhile, the Raj Niwas said in a Press statement that the l-G office is extremely surprised at the Delhi Cabinet resolution calling the Shunglu Committee as unconstitutional. "Interestingly this is the second resolution of the Cabinet with a request to prevent the committee of three senior civil servants to function. The Cabinet resolution is evidently an attempt to mislead the public and take attention away from grave misdemeanours that are evident in some of the files", the l-G said.
Also, the l-G office made it clear that files that have been sent to the l-G office have not been impounded or officers summoned.
"These are those files where the elected Government has itself admitted that it has not followed Constitutional provisions and transgressed established rules/laws/conventions. Officers called by the committee so far have only been called for clarifications. It is strange that Ministers who have misbehaved consistently with officers for past 18 months should now attempt to hide behind the same officers," the l-G said.
"The setting up of committees is a normal function in Government. The committee comprising of former CAG VK Shunglu, former Chief Election Commissioner N Gopalaswami and former Chief Vigilance Commissioner Pradeep Kumar, who known for their unimpeachable integrity and competence. The committee is examining the files to establish the extent of malfeasance, if any, that may have been committed," it said.
Meanwhile, Sisodia has directed departments to provide details of files which have been sent to the l-G.
"After the judgement August 4, 2016 of Delhi High Court, a number of files have been sent to the l-G for ex post facto concurrence/views/perusal. Also many files related to ongoing works and planning where the l-G has to give his concurrence/view are pending at the office of l-G," Sisodia said in a circular.