Responding to the Delhi Government's reply pertaining to office of profit of 21 Parliamentary Secretaries appointed by the AAP Government, petitioner Prashant Patel has filed reply to the Election Commission of India seeking disqualification of all 21 stating that they were not appointed under any law or statute nor appointed by the Assembly or by Delhi Cabinet or the lieutenant-Governor.
"The documents reveal that it is a Minister (who is Deputy CM also) who has taken this 'decision' to appoint his own Parliamentary Secretaries as also those of his ministerial colleagues. On 26 Feb. 2015, he sends a note to Secretary to CM (not to CM) communicating the decision," read the reply.
The reply further stated that there was no mention as to what would be their nature of duties. "The order merely says they would perform functions as assigned by the Ministers. As a result, many Parliamentary Secretaries attended meetings in the rooms of Ministers, some of the meetings were review meetings or meetings of advisory or consultative nature. In a few meetings, policy framing or executive decisions were taken, in some cases the Committee headed by Parliamentary Secretaries "decided" (and not recommended). In a few cases, the Minister delineated his constitutional obligation as instead of the Minister who was absent, the Parliamentary Secretary presided over the meeting where important decisions were taken. (In few cases, the detailed minutes were not prepared or supplied)," read the reply.
"One Parliamentary Secretary was paid by the Government `15,479 for attending a conference session. This nails the lie of the respondents who have stated on oath that they have not received any monetary gain. Since one Parliamentary Secretary has received such an amount, it is obvious that similar amount was receivable by other Parliamentary Secretaries as well," the reply stated.
The reply further stated the Delhi Government has confessed that rooms/office spaces were allotted to Parliamentary Secretaries/MlAs by various departments of Government such as Jal Board, Development, Transport, Health Department etc. They were furnished by PWD, furniture etc. Provided and electricity/water charges also paid by Government.
"An amount of `3,73,871 was spent by PWD to construct cabins with necessary furniture, gadgets etc. for four Parliamentary Secretaries on the order of Minister, Transport, Development , Employment, labour etc. How can this expenditure incurred for 4 Parliamentary Secretaries be justifiedIJ" stated the reply.
The reply further stated that rooms/cabins were constructed in Assembly Building at old Secretariat and fully furnished rooms allotted. Delhi Government has confirmed in writing that an amount of `11,75,828 was incurred on executive chairs, tables, visitors chairs for Parliamentary Secretaries and Assembly.