NEW DELHI: Delhi services minister Atishi has objected to the restructuring of the DASS cadre by Lieutenant Governor V K Saxena as a “complete violation” of the Supreme Court order and the GNCTD (Amendment) Act, 2023, in the latest flashpoint between the AAP dispensation and Raj Niwas.
Earlier this month, the Lieutenant Governor approved the restructuring of the Delhi Administration Subordinate Services (DASS) cadre fulfilling a long pending demand of officials. In her letter to the L-G on August 20, Atishi objected to the move, citing the SC verdict on May 11 and the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2023.
“I must state that this turn of events is extremely unfortunate as your approval is in complete violation of the Constitution Bench judgment dated 11.05.2023, as well as the GNCTD (Amendment) Act, 2023,” she said. No immediate reaction was available from the L-G office over the minister’s observations and claims. The minister stated that the matter came to light through media reports that the LG restructured DASS and created Group A posts in the cadre.
A joint reading of the SC judgment and the GNCTD (Amendment) Act leaves no ambiguity that in all matters relating to services that are outside the purview of the National Capital Civil Services Authority (NCCSA), powers are to be exercised by the elected government of Delhi, Atishi asserted and accused the L-G of “usurping” its powers.
“Your grant of approval for the restructuring is in excess of powers conferred upon you and a usurpation of powers of the elected government, amounting to gross violation of the Constitution of India,” she said in the letter to the L-G. The services minister requested the L-G to return the proposal so that it is processed through the Council of Ministers, saying it was the appropriate, constitutional and statutory process. Admitting that restructuring of DASS was a long-standing demand, she claimed that the L-G’s approval may not stand legal scrutiny.
“While this restructuring has been a long-standing demand of the DASS cadre, should there be a legal challenge raised against this order, it will not pass muster for having bypassed the constitutional scheme of governance, and the courts might strike it down,” the AAP minister claimed.
