NEW DELHI: Lieutenant Governor (LG) Anil Baijal has ordered principal secretaries and secretaries to Delhi ministers to authenticate all orders to be executed in his name.
Mr Baijal has also said that any officer who fails to do so will be responsible for the action, including recovery of financial loss caused to the exchequer, that would be taken against him/her.
A written communication by Chief Secretary Anshu Prakash to all bureaucrats earlier this month stated, “To have legal validity, all executive decisions have to be taken by the authority competent enough 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) (Amend-ments) Rules, 1992 as amended in the year 2000."
This means that an order to be issued in pursuance of the decision taken by the AAP government in the name of LG will have to be authenticated by the officer concerned, an officer said.
In the past, the LG office and the Arvind Kejriwal government have been at loggerheads over a range of issues and decisions, including transfer and postings of officers.
The communication also stated, "The L-G has directed that any officer, who disregards the provisions of law/rules shall do so at his/her own risk and will be liable for appropriate action by the competent authority, including disciplinary proceedings and recovery of financial loss to the the government exchequer as a result of his/her action."
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 LG shall be authenticated as may be specified in rules to be made by the LG 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 L-G in the city administration.
