The transfer of Principal Secretary law R Kiran Nath on Thursday has sparked a debate in Delhi that the AAP Government doesn’t like officers who opposes its diktats, according to sources.
Nath was transferred to High Court as newly created post OSD Judiciary, while Brijesh Sethi, a district judge of South East district has been appointed in her place. The AAP Government wanted to appoint Principal Secretary (law) to district judge Talwant Singh but the Delhi High Court has turned the proposal and approved the name Brijesh Sethi for Principal Secretary law, said sources.
Top sources said Nath was in the news as she had refused to toe the Government’s line on the issue of giving lawful advice on the tussle between lieutenant Governor Najeeb Jung and Chief Minister Arvind Kejriwal on the circle rate controversy.
Nath had noted in the circle rate’s file that l-G’s approval is needed prior issuance of 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,” Nath had noted on the circle rates file.
Nath also defended her stand and refused to suspend an assistant legal advisor Manish Gaur who had given lawful advice at her behest on the issue. The Kejriwal Govern-ment was upset with her move, said sources. And finally, the Services Department of the Delhi Government issued transferred order.
Also, Nath had advised the AAP Government that 1993 notification pertaining to definition of the Government has been settled down by the High Court on several cases.
She had also opposed the 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 file to Najeeb Jung.
The outgoing Principal Secretary (law) has also opposed the Government’s move pertaining to pending cases against politicians and she had advised that some cases are criminal in nature which should not be withdrawn.