The appointment of Swati Maliwal as the Delhi Commission for Women (DCW) chairperson by the AAP Government has taken a serious turn with Raj Niwas directing Principal Secretary (Social Welfare) to explain how these orders had been passed in the name of lieutenant-Governor Najeeb Jung without seeking his prior approval.
In a strongly worded communication on Tuesday, lieutenant-Governor’s Secretary SCl Das has asked Principal Secretary (Social Welfare) Parimal Rai to furnish the facts and circumstances related to Maliwal’s notification mentioning that it was being issued “By order and in the name of the lieutenant Governor of the National Capital Territory of Delhi.” Das said that no prior approval for issuing the notification had been sought from the lieutenant-Governor.
The lieutenant-Governor’s office has asked the Principal Secretary to confirm and clarify whether all applicable rules and procedures were followed while processing the matter. “The facts may kindly be submitted to this office by 28-07-2015 for perusal of the Hon’ble lieutenant Governor,” the note said.
The AAP government had issued a notification related to the appointment of Maliwal as the DCW chairperson on July 17. The notification issued by Women and Child Development Joint Director Sushil Singh said that in exercise of the powers conferred by Section 3 of the DCW Act, 1994, the Delhi Government has reconstituted the DCW with Maliwal as its chairperson and Promila Gupta, Farheen Malick and Sarika Chaudhary as its members. The notification signed by Singh said that it was being issued “by order and in the name of the lieutenant Governor of national Capital Territory of Delhi.”
The Raj Niwas said that the notification related to Maliwal’s appointment had no legal sanctity and any action taken by the chairperson or any member of the DCW, including quasi-judicial decisions, would be ultra vires and infructuous.
Das said that all statutory notifications for re-constitution of the DCW in the past had the approval of the lieutenant-Governor. He said even the proposal moved by the AAP Government in January 2014 for the removal of the former chairperson and appointment of her replacement had been placed before the lieutenant-Governor.
Citing a Home Ministry notification, Raj Niwas said that in respect of the NCT of Delhi, the “Government means the lieutenant-Governor” appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution. “Thus, the constitutionally valid and consistent definition of the Government is the lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution.”