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Centre backs LG, says not mandatory to consult CM on services

New Delhi: Amid the escalating LGCM feud, the Centre today backed Delhi Lieutenant Governor Najeeb Jung making it clear that it was not mandatory for him to consult Chief Minister Arvind Kejriwal on matters like appointment of bureaucrats.

In a gazette notification issued today, the Union Home
Ministry said that the LG will have jurisdiction over matters
connected with services, public order, police and land and he
may consult with the Chief Minister whenever he thinks
necessary in issues of services using his own "discretion".

It is well established that where there is no legislative
power, there is no executive power since executive power is
coextensive within legislative power, it said.

"Public order, police, land and services fall outside
purview of legislative assembly of the National Capital
Territory of Delhi and consequently the Government of NCT of
Delhi will have no executive power" on such matters,
accordingly to the notification.

The gazette notification said the LG shall in respect of
matter connected with public order, police, land and services
exercise the powers and discharge the functions of the central
government to the extent delegated to him from time to time by
President provided that the LG may in his discretion obtain
view of the Chief Minister of Delhi in regard to the matter of
"services" wherein he deems it appropriate.

It also said that the AntiCorruption Branch police
station shall not take cognisance of offences against
officials, employees and functionaries of these central
government services. This will supersede a 1998 notification.

The appointment of senior bureaucrat Shakuntala Gamlin as
acting Chief Secretary by LG last week had triggered a
fullblown war between the ruling AAP and the Lt Governor,
with Kejriwal questioning the LG's authority and accusing him
of trying to take over the administration.

Kejriwal had also sought the intervention of Prime
Minister Narendra Modi in the matter even as he accused the
Centre of using Jung to run Delhi.

The gazette notification said the Union Territory cadre
consisting of IAS, IPS service personnel is common to Union
Territories of Delhi, Chandigarh, Andaman and Nicobar islands,
Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry
and states of Arunachal Pradesh, Goa and Mizoram which is
administered by central government through the Ministry of
Home Affairs.

Similarly, DANICS and DANIPS officers are common services
calling to the requirement of the Union Territories of Daman
and Diu, Dadra and Nagar Haveli, Andaman and Nicobar islands,
Lakshadweep and NCT of Delhi which is also administered by the
central government through the Ministry of Home Affairs.

"As such it is clear that the NCT of Delhi does not have
its own state public services, thus 'services' will fall
within this category," the notification said quoting Article
239 and 239AA of the Constitution.



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