The turf war between lieutenant Governor Najeeb Jung and Chief Minister Arvind Kejriwal refuses to subside. Taking strong exception to the transfer and relieving of Principal Secretary (law) R Kiran Nath without his approval, the l-G directed the Arvind Kejriwal Government to furnish the relevant files and orders issued for approval of the Raj Niwas.
The l-G has also objected to the Government order on appointment of Delhi Higher Judicial Services officer Brajesh Sethi as the new principal secretary law.
In a strongly worded order, l-G’s secretary S C l Das has written to the Registrar General of Delhi High Court, Principal Secretary to Chief Minister of Delhi, Secretary to Deputy Chief Minister of Delhi, Chief Secretary and Principal Secretary (law and Justice), that the l-G has observed that the Government’s orders, issued without his formal approval, were invalid and irregular.
“The extant rules and the established procedures require that such orders be issued with the prior approval of lieutenant Governor, Delhi.”
The letter said, “It is accordingly requested to put up the said file(s), wherein the aforesaid orders were issued, to this Secretariat for formal approval of the l-G, immediately, as required under the rules and established procedures.”
The transfer of Nath had sparked a debate in Delhi that the AAP Government was not in favour of working with officers who were opposing its diktats. Nath was transferred to the High Court on the newly created post of the OSD Judiciary. She was replaced with Sethi, a district judge of South East district.
While the AAP Government reportedly wanted to appoint district judge Talwant Singh as the principal secretary (law), but the Delhi High Court had approved the name of Sethi for the said post. Nath was in the news as she had reportedly refused to toe the Government’s line on the issue of giving lawful advice on the ongoing tussle between Raj Niwas and the CMO over the circle rate controversy.
Nath had noted in her file on circle rates that the l-G’s approval was needed prior issuance of any such notification. “Article 239AA of the Constitution clearly states that the legislative Assembly of Delhi shall not have power to make laws relating to subjects such as public order, police and land,” she had noted on the circle rate file.
Nath had also defended her stand and refused to suspend an assistant legal advisor Manish Gaur who had given lawful advice at her behest on the contentious issue. The Kejriwal Government was reportedly perturbed over her reported action. Finally, the services department had issued her transfer order of Gaur.
Nath had also advised the AAP Government that 1993 notification pertaining to definition of the Government had been settled down by the High Court in several cases. Besides, she had opposed law Minister Kapil Mishra’s move to issue circular that the Government means elected Government not the l-G and there was no need to send files to Jung. Nath had also opposed the government’s move pertaining to pending cases against politicians and had advised that some cases were criminal in nature and hence should not be withdrawn.