The Centre has told the Delhi High Court that the city government's claim that LG Najeeb Jung did not consult Chief Minister Arvind Kejriwal in the matter of assigning charge of officiating Chief Secretary in Shakuntala Gamlin, was "misplaced".
The Union Home Ministry has said the factual status was that the Lt Governor (LG) had on May 13 taken a reasoned decision on Kejriwal's proposal, of the same day, to choose from amongst Shakuntala Gamlin and Parimal Rai for the charge of officiating Chief Secretary.
The Home Ministry said that while Kejriwal had indicated his preference for Rai, the LG after due consideration of material on record, had approved the name of Gamlin.
However, as the LG's decision was not implemented until May 16, the said order was conveyed by the Secretary to the LG for implementation, the ministry said in an affidavit.
With regard to appointment of bureaucrats, the Home Ministry said since Delhi government does not have its own public services or public services commission, it has no legislative or executive powers with respect to services like IAS and IPS.
The Home Ministry also said that Delhi government's Anti-Corruption Branch (ACB) does not have the power to proceed under Prevention of Corruption Act (PCA) against any staff under the Centre's control even if the offence was committed within the National Capital Territory (NCT) as law and order and police are "outside" scope of its legislative and executive powers.
ACB can only initiate action under PCA against officers of Delhi Administration, the Home Ministry said.
"The power to initiate action against the officers of the central government has not been conferred upon ACB, Delhi, and definitely cannot be implied on account of the principles of territorial jurisdiction, i.E. Alleged offences having been committed in the territory of NCT," it has said.
The submissions have been made by the Home Ministry in reply to Delhi government's plea challenging the Centre's May 21 notification which gave the LG absolute powers to appoint bureaucrats to various posts in the national capital and barred ACB from proceeding against any staff under the Centre's control.
