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Validate all orders in Lieutenant Governor’s name: Anshu Prakash

The latest move aims to minimise the fights between L-G Anil Baijal and the Delhi government

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A file photo of L-G Anil Baijal with CM Arvind Kejriwal
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Lieutenant Governor Anil Baijal has directed the secretaries and principal secretaries of the Delhi government to validate all the orders passed with his name, failing which the concerned officer will have to bear the loss, if any. 

The move aims to minimise the controversial fights between the L-G and the Delhi government over various issues. 

In a written communication by Chief Secretary Anshu Prakash to all bureaucrats, it has been clearly stated that an order to be issued in pursuance of the decision taken by the Aam Aadmi Party (AAP) government in the name of the L-G will have to be approved by the officer concerned. 

“In many cases, the orders are passed without LG’s knowledge and then it leads to confusion. The onus of passing the order now falls on the officer. And if there will be any discrepancies or loss to the exchequer, the concerned officer will bear the loss,’ said a senior Delhi government official. 

In the past, the L-G office and the Arvind Kejriwal government have been at loggerheads over a range of issues, including transfer and postings of officers. Recently, Chief Minister Arvind Kejriwal had said that he hoped that the Supreme Court, which is seized of the matter regarding the administrative control over Delhi, would deliver its judgement in his government’s favour.

In the communication to all the head of departments and secretaries to Delhi ministers, earlier this month, Prakash said, “To have legal validity, all executive decisions have to be taken by the authority competent to take such decisions, and orders issued in pursuance thereof have to be authenticated by an officer authorised to do so under the Government of NCT of Delhi (Authentication of Orders and other Instruments) (Amendments) Rules, 1992 as amended in the year 2000.”

The amendments (made in 2000) in Authentication of Orders and Other Instruments Rule 1992, states, “Orders and other instruments made and executed in the name of Lt Governor shall be authenticated in such manner as may be specified in rules to be made by the Lt Governor and the validity of an order or instrument which is so authenticated shall not be called in question.” 

In 2016, the Delhi High Court had stamped the primacy of the L-G in the city administration. The government has challenged the HC order in the Supreme Court.

CHIEF SECY’S LETTER

  • In a written communication by Chief Secretary Anshu Prakash to all bureaucrats, it has been stated that an order to be issued in pursuance of the decision taken by the AAP government in the name of the L-G will have to be approved by the officer concerned.
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