The confrontation over appointment of an acting chief secretary on Saturday turned into a full blown war between AAP government and Delhi Lt Governor Najeeb Jung, with Chief Minister Arvind Kejriwal asking him to work "within the confines" of Constitution and alleging that he was trying to take over the administration.
Hours after senior bureaucrat Shakuntala Gamlin took charge as acting chief secretary despite being asked not to do so by the AAP government, Kejriwal shot off a strongly-worded letter to Jung, accusing him of trying to render the elected government "ineffective" and violating laid down norms.
Arindam Majumdar, principal secretary in the services department who issued the appointment letter of Gamlin following instructions from Jung, was also removed from the post.
The Delhi chief minister said he has sought an appointment with the President to apprise him of the issue.
Jung had on Friday appointed Gamlin to the post despite strong opposition to her nomination by Kejriwal, who alleged that she had close links with BSES discoms. The 1984-batch officer has, however, denied the charges saying they were baseless.
In his letter, Kejriwal mentioned about various rules and laid down procedures for governance.
"Despite such clear procedure, you have opted not to follow the law but have tried to take over government and get the order issued directly by the principal secretary (Services) who I believe was intimidated into acting in concert with you.
"I cannot but conclude that this is a thinly disguised attempt to reduce the democratically elected government ineffective and administer the National Capital Territory of Delhi directly," Kejriwal said in his letter.
The chief minister said, "I would strongly request you to remain within the confines of the Constitution and the laws relating to government of NCT of Delhi. You are holding a Constitutional position. Whatever be the political pressure, you have a duty to uphold the Constitution."
Chief Secretary K K Sharma has left for the US on a personal visit due to which the government had to appoint an acting chief secretary. Gamlin has been serving as power secretary.
The AAP government hit out at BJP accusing it of attempting a "coup" through the LG.
"The BJP through LG of Delhi has attempted a coup against the democratically elected government of Delhi with highest ever mandate in the history of the state.
"This is for the first time that LG is issuing direct instruction to officers, bypassing the chief ministers and council of ministers," Deputy Chief Minister Manish Sisodia, who also holds the charge of Services department, told PTI.
In his letter to Lt Governor, Kejriwal said, "I am simply aghast by your questionable instructions issued directly to the Principal Secretary (Services) to post an officer of your choice as the acting Chief Secretary of Delhi. In doing so, you have bypassed the democratically elected government."
Earlier in the day, Gamlin took charge as acting chief secretary even though Kejriwal sent her a letter asking her not to do so as her appointment was "against" the rules.
Meanwhile, Parimal Rai, who was backed by Kejriwal for the post, declined to become acting chief secretary, noting that he respects the Lt Governor's directions.
Gamlin was given the additional charge of chief secretary by the LG, hours after she wrote a scathing letter to Jung claiming that she was pressured by a senior bureaucrat in CM's office to withdraw from the race.
"The Constitution, GNCT act of Delhi and Transaction of Business Rules clearly define what LG can do. In case of a dispute or difference of opinion between LG and council of ministers, LG could have called the minister concerned to discuss the matter," Sisodia said.
Jung had rebutted AAP government's allegations saying under Article 239 AA of the Constitution of India, the Lt Governor is the representative of State Authority in Delhi.
"Even after that if council of ministers disagreed, he could have referred the matter to the President and his advice could have been conveyed to council of ministers," the deputy chief minister said.
Calling LG's move an act "against the Constitution", Sisodia said, "I was not informed by LG and he does not have power to issue direct instructions to officers. He has clearly acted against the Constitution and laws relevant to Delhi."
