RTI Activist Subhash Agrawal had sought from the Home Ministry all the records related to notification issued on May 21 besides rules about officers in Delhi Government for making complaints against Chief Minister, Council of Ministers or any individual minister of Delhi government to Lt Governor of Delhi.
Union Home Ministry has refused to give records related to notification issued by it on the jurisdiction of the Delhi Lieutenant Governor saying the matter is sub-judice. Under the Right to Information Act, information of a sub-judice matter can only be denied if it is "expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court".
RTI Activist Subhash Agrawal had sought from the Home Ministry all the records related to notification issued on May 21 besides rules about officers in Delhi Government for making complaints against Chief Minister, Council of Ministers or any individual minister of Delhi government to Lt Governor of Delhi.
"In this regard, it is stated that the matter is presently sub-judice and details cannot be discussed at this stage," the Ministry said.
In a gazette notification, the Union Home Ministry had 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 co-extensive within legislative power, it had 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, according to the notification. It had also said that the Anti-Corruption 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 had triggered a full-blown 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.
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