Centre’s stand on giving Najeeb Jung final say on transfer-postings is illegal: Venugopal

NEW DELHI: The Delhi government has found support in its tussle with LG Najeeb Jung from two senior lawyers who have described the central government's notification giving LG the final say in posting and transfer of Delhi government bureaucrats as "illegal and unconstitutional". Former solicitor general Gopal Subramanium and senior advocate K K Venugopal, in their legal opinion that was sought by CM Arvind Kejriwal, have stated that the gazette notification is untenable in law and stands no chance in court. Both lawyers have wondered whether it has the approval of the President.

"Such an exercise may be assailed in a court of law as a fraud on the Constitution or a colourable exercise of authority...It singularly lacks propriety when the President is still seized with the question. It is illegal and unconstitutional; and presumably, it has been issued without the requisite presidential approval," Subramanium has said.

Calling the MHA's notification as void, Venugopal has said: "If a democratically elected government has been brought to power by the people, the 'public services of the state' should be controlled by the elected government." Venugopal has also backed Kejriwal's decision to oppose senior bureaucrat Shakuntala Gamlin's appointment as acting Delhi chief secretary by the LG. "The chief secretary is the lynchpin of executive governance...but...if the government is given a chief secretary who obeys the orders of the administrator and not of the council of ministers of the chief minister, this would be a sure recipe for disaster," Venugopal's 11-page opinion states.

Earlier, two senior lawyers, Indira Jaising and Rajeev Dhavan, had supported Kejriwal.

Meanwhile, the Centre's notification has found support from some other lawyers who said it was "absolutely justified". Shanti Bhushan, who was earlier associated with AAP, said: "Only the LG has the power to post and transfer bureaucrats on the direction of the central government. Delhi government has no power at all (in this regard)." Agreeing with Bhushan, a former judge of the Delhi HC and now a senior counsel, Rupinder Singh Sodhi, said: "I think the LG was always right and the power of services (posting and transfer of bureaucrats) are always with the President which are delegated to the LG. Unlike the states where consultation by the governor with the council of minister is mandatory, in case of a union territory, it is a discretion which the LG may or may not exercise."