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    Arvind Kejriwal-Najeeb Jung rift: Delhi government says confusion over jurisdiction can be cleared

    Synopsis

    Delhi Government officials said that they are ready to discuss the role and jurisdiction of the two offices and demarcate the boundaries.

    PTI
    NEW DELHI: Delhi government officials today clarified that there is no confrontation with Lieutenant Governor's (LG) office over routing of files, but highlighted that the demarcation of jurisdiction was not clear, and this can be resolved through dialogue between the two offices.

    The clarifications come after LG Najeeb Jung had on Sunday ordered withdrawal of Chief Minister Arvind Kejriwal's directions to Delhi government officials to not route files through the LG office. However, no fresh directions have been issued by Delhi Government so far.

    The LG's move came in response to a recent letter from Kejriwal to all the government departments directing them "not to bother the office of the Lieutenant Governor" to improve government efficiency citing the Article 74, 163 and 167 of the Constitution and Section 41 and 45 of GNCTD Act, 1991.

    According to a senior government official, there is no confrontation between the state and LG, and the recent order by Chief Minister to not send files to LG office was to improve government's efficiency.

    Delhi Government officials said that they are ready to discuss the role and jurisdiction of the two offices and demarcate the boundaries.

    Highlighting jurisdiction conflict, a senior government official pointed out that appointment of Commissioner of Police is defined under section 55(2)(b) of Transaction of Business Rules, 1993.

    However appointment of Chief Secretary, Secretary (Home) and Secretary (Land) takes place after consulting the state government and same rule applies for the appointment of CP.

    Officials claim that no consultation was done before Commissioner's appointment. Senior government officials claim that as per provision under the Transaction of Business rules, LG shall consult matters related to police, land and public order with the Chief Minister.

    "...the Lieutenant Governor shall in respect of matters connected with 'Public Order', 'Police' and 'Land', exercise his executive functions to the extent delegated to him by the President, in consultation with the Chief Minister if it so provided under any order issued by the President under Article 239 of the Constitution," Section 45 of Transaction of Business Rules says.

    Government officials mentioned that section 23 of Transaction of Business Rules states that matters which affect or are likely to affect the peace and tranquility of the capital, interest of minority community, relations of government with any state government shall essentially be submitted to the LG through the Chief Secretary and the Chief Minister before issuing any order.

    They also explained the debate over the jurisdiction of Anti Corruption Branch (ACB).

    "ACB recently arrested a Delhi Police constable and the matter was taken up in a trial court where both the parties presented their notification and judge gave three days custody to ACB, clarifying its jurisdiction," an official said.



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