‘AAP govt decisions in violation of extant rules’

A preliminary scrutiny of the files received by the lieutenant governor’s secretariat has revealed that a large number of decisions taken and instructions issued by the AAP government in the last one-and-a-half years were in violation of extant Acts/Rules - the constitutional scheme for governance of Delhi. These irregularities have reportedly been committed in the appointment of the standing counsel, special counsel, government pleaders, additional standing counsel, advocates on record and in making exorbitant payments to them in some cases without seeking prior approval of the competent authority. Reports suggest that violations have also been reported in appointments, recruitments and engagement of staff either on permanent, temporary, contractual or co-terminus basis without following due process for their selection and in fixation of their remuneration.

An order to this effect sent to the Delhi government by the secretary of the L-G, highlights the irregularities committed by the city administration. The reported irregularities include conferment of statutory powers vested upon various officers, orders issued on transfers and postings, including handing over of additional charges to officers, issuing suspension letters and seeking departmental action and relieving and sanctioning of leave of officers. Various administrative instructions had been issued in contravention of extant procedures as the same had been issued without obtaining the approval of the competent authority.

Raj Niwas sources said that the government had also effected irregular promotions, in creation of some posts and up-gradation of pay scales of the existing posts without following the due process of law. The Raj Niwas order said : “Many decisions have been taken in violation of the extant Acts/Rule with attendant administrative, legal and financial implications. Decisions have been taken by disregarding legal advice available on record. There appears to be a systemic, consistent and wilful violation of the constitutional scheme for the governance of GNCT of Delhi. It is necessary to examine whether the decisions taken were a deliberate act to violate the constitutional scheme for governance and to assess the administrative, legal and financial implications.”