In a stinging rejoinder to Chief Minister Arvind Kejriwal for his letter about the appointment of Delhi Commission for Women (DCW) chief, lieutenant-Governor Najeeb Jung said on Friday that the Chief Minister totally misunderstood the information conveyed through his office and such remarks were unbecoming of the head of a Government.
He castigated the Chief Minister for dragging the name of the Prime Minister and that was totally unwarranted. This has lowered the image of the country globally. “I must say that the tone of your letter leaves me deeply disappointed. Such inappropriate references vis-a-vis the Prime Minister do not reflect well on the Chief Minister of a Union Territory. Your letter, being in public domain, leads to unsavoury and avoidable comments not just within the country, but also overseas,” Jung said, in his four pages letter to Kejriwal.
The l-G has earlier met Union Home Minister Rajnath Singh and apprised him of the Kejriwal’s sarcistic letter.
The four-page missive from Jung comes a day after Kejriwal had shot off an angry letter following the lt-Governor’s decision to reject the appointment of Swati Maliwal as the DCW chief accusing Jung of working at Modi’s behest and deriding his claim of his being the Government in Delhi.
The lieutenant Governor said that the legally established definition of Government, as stated in the statute book -- including the clarification issued by the Government of India, in 2002 which reads “Government” means the lieutenant-Governor of the National Capital Territory of Delhi appointed by the President under Article 239 read with Article 239AA of the Constitution”. The lieutenant Governor also said that it has never been the intent of his office to negate the position of the Chief Minister or the authority of the elected Government and I have always agreed on your proposals on non-reserved subjects where the lieutenant Governor is to act on the aid and advice of the Chief Minister and his Council of Ministers, subject to the provisions of the Constitution and established practices.
The letter said, “It has never been the intent of this office to negate the position of the Chief Minister or the authority of the elected Government and I have always agreed on your proposals on non-reserved subjects where the lieutenant Governor is to act on the aid and advice of the Chief Minister and his Council of Ministers, subject to the provisions of the Constitution and established practices”.
“It is a continuation of this practice that such notifications have in the past always been referred by former Chief Ministers to the office of the lieutenant-Governor and that is why all notifications in the GNCTD are issued ‘by order and in the name of the lieutenant Governor of Delhi’. To state further, I do not recall any matter of policy or decision taken by you where I have not agreed to your proposal. Unfortunately, I find that time and again you have been issuing notifications that have not been put up to me for approval. These have pertained to conferment of statutory powers on officers, appointing officers on deputation, nominating Directors in Discoms and so on. Decisions such as these, that have been taken at your level and not put up to the office of the lieutenant Governor, are contrary to law and established practice and could expose the Government to legal challenge. All these files may please be sent to me urgently to accord ex-post facto approval to avoid legal complications and to safeguard Government’s interest,” the letter said.
Jung also pointed out services matter issue, saying on a different note, “I draw your attention on the ‘Services’ matter on which you have frequently said in different forums, including media, that your Government cannot even transfer/post a peon. Nothing could be farther from the truth. The correct position is that I have always honoured your proposals on transfers/postings of IAS/DANICS officers. On the proposals of subordinate officers, I have categorically always mentioned that these proposals may be dealt at the Secretariat level, as per established practices. It has been my consistent endeavour to agree to all your requests in the spirit of democratic functioning and giving full respect to your wishes as Chief Minister,” he said.
“By no stretch of imagination does this mean that the Government can function outside the domain defined in the Constitution, a document drafted by the best minds of our country. It simply means that Delhi, being not a State, is a Union Territory, and the lieutenant-Governor is a representative of the President of India, and indeed the Government of India. I once again reiterate my oft-stated remark that my intent is to give you full cooperation to ensure the success of our Government and to enable you to fulfil the promises the Government has made to the people of Delhi. I remain committed to this end,” the letter said.
l-G then quoted a couplet of noted Urdu poet Muzaffar Ramzi and said let me conclude: “Ye jabr bhi dekha hai taarikh ki nazron ne lamhon ne khata ki thi sadiyon ne saza pai.”
It would be interesting to note that this couplet was quoted by then Prime Minister Inder Kumar Gujral in the Parliament.