City govt was reportedly not happy with officers giving advice against wishes of its council of ministers.
The ongoing feud between the AAP government and its top law officers over providing legal advice on some contentious issues has taken a new twist with the former finally relieving principal secretary (law, justice & legislative affairs) Brijesh Sethi and Delhi Judicial Service member Vikrant Vaid from the post of the additional secretary (law & justice). Mr Sethi has been elevated as the principal judge of a family court.
In its order on Tuesday, the Delhi government’s services department repatriated Mr Sethi to his parent cadre — Delhi High Judiciary Services (DHJS). “The competent authority is pleased to repatriate Brijesh Sethi (DHJS) to his parent cadre with immediate effect.”
Earlier, the AAP government had told the Delhi high court it wanted to repatriate Mr Sethi to his parent cadre. It is reliably learnt that Mr Sethi was also not comfortable with the AAP government and had been batting for a posting in his parent cadre.
In another order, additional secretary (law) C. Arvind said: “Consequent upon completion of deputation period of one year of Vikrant Vaid (Delhi Judiciary Service) presently working in this department as additional secretary (law & justice), the competent authority is pleased to relieve Mr Vaid, with the direction to report to his parent cadre.”
It is reliably learnt that the city government was reportedly not happy over the way the law department officers had been giving advice against the wishes of its council of ministers on a host of contentious issues. In what was presumed to be a direct attempt to gag the city’s law department from giving free and fair opinion on these issues, the Kejriwal government had earlier stripped its senior judicial officer of powers to vet Cabinet notes and bills.
In a signed order, deputy chief minister Manish Sisodia had taken away the powers to vet Cabinet notes and bills from Mr Vaid itself. The deputy chief minister had, instead, entrusted the job of vetting the Cabinet notes and bills to his secretary, Mr Arvind, a Danics officer, who had also been tasked with the job of administration branch.
Mr Vaid, who was earlier responsible for vetting the Cabinet notes and bills, had been tasked with the job of judicial branch and filing of appeals in the city courts.
The deputy chief minister had also empowered another Danics officer Ravi Dadhich, who is also secretary to transport minister Gopal Rai, with the job of handling litigation branch, with respect to giving his opinion and vetting notifications and other rules.
The AAP government’s move to take away the powers of vetting the Cabinet notes and bills from the city’s top judicial officer and give the same to the non-judicial officers of the Danics cadre was being interpreted in the bureaucratic and political circles as an attempt to gag the law officers from giving free and fair opinion on the contentious issues.
Earlier, chief minister Arvind Kejriwal had reportedly expressed his anger over the way the principal secretary for law had suggested that several key proposals and bills should be cleared only after getting prior approval of the Centre. Despite the law secretary’s opinion, the AAP government had gone ahead with passing key Cabinet decisions and tabling of several bills in the Assembly without seeking the Centre’s permission.
Among the issues where the law secretary had differed with the government were the proposal for revising the circle rates, amendments to the Criminal Procedure Code (CrPC) 1973, Delhi Janlokpal Bill and bills related to the education sector. Rules clearly state that any bill with financial implications could be tabled in the Assembly only after prior approval of the Centre.
However, the AAP government had gone ahead with its agenda of tabling the bills in the Assembly before even getting them cleared either by the Centre or lieutenant-governor Najeeb Jung.
The AAP government had entered into a direct confrontation with the lieutenant-governor over the transfers and postings of several senior bureaucrats.
Mr Kejriwal and Mr Sisodia had even raised these issues with Prime Minister Narendra Modi and Union home minister Rajnath Singh. Mr Kejriwal had accused the PMO of interference in the day-to-day functioning of the Delhi government and had accused Mr Modi of indirectly running the Delhi government. The AAP government had also stopped funds to the BJP-run three municipal corporations.
