Review all orders I didn’t clear or face the music: LG Najeeb Jung

NEW DELHI: Lieutenant governor Najeeb Jung's office on Monday directed all heads of departments to review orders and identify files for which approval was required but not taken by the AAP government. They all have been told to report on the matter to the LG's office by August 17.

The order issued by LG's secretary Vijay Kumar warns that all orders issued without the prior permission of LG suffer from "legal infirmities" and would have "consequential repercussions".

"All such cases may immediately be placed with appropriate proposal before the LG through proper channel and with the opinion of the law department, wherever required. It is also directed that no order in the future be issued without the approval of the competent authority," the order said.

The Delhi high court had on August 4 held that LG was the administrative head of Delhi and the AAP government's contention that he was bound to act on the advice of the council of ministers was without substance.

The LG office memorandum also cited relevant portions of the HC judgment to explain the rule position. "On a reading of Article 239AA of the Constitution together with the provisions of the NCT of Delhi, 1991 and the transaction of business rules, 1993, it becomes manifest that Delhi continues to be a Union territory even after the Constitution (Amendment) Act 1991 inserting Article 239AA making special provisions with respect to Delhi. Article 239 of the Constitution continues to be applicable to NCT of Delhi and insertion of Article 239AA has not diluted the application of Article 239 in any manner."

"It is therefore obvious that all such orders (where prior permission of LG has not been taken) suffer from "legal infirmities" and will have consequential repercussions," the order concludes.