NEW DELHI: Deputy Chief Minister Manish Sisodia wrote a letter to Lieutenant Governor Vinai Kumar Saxena, requesting to urgently clear the appointment of the Delhi Electricity Regulatory Commission (DERC) Chairperson, following the tenure lapse of the present DERC chairman on Tuesday. He also urged the L-G to not to send the file directly to officers, bypassing the elected government.
In the letter, Sisodia said that CM Arvind Kejriwal approved the appointment of Justice (Retd) Rajeev Shrivastava of the Madhya Pradesh High Court as DERC chairperson. “I find no reason why you would differ with the decision of the Council of Ministers. Supreme Court has also said that the provison to Article 239AA(4) should be rarely invoked. In the last few days, there have been three occasions when you got your decision implemented by sending the file directly to the officers bypassing the CM and the Minister,” he said.
“Your justification of bypassing elected government because Administrator/LG is written in the Act is legally incorrect. SC has said LG is bound by the aid and advice of the Council of Ministers. So, kindly do not send the file directly to officers for issue of notification,” Deputy CM claimed. Sisodia alleged that the Kejriwal approved the appointment of Justice (R) Rajeev Shrivastava of MP High Court as DERC Chairperson on January 4, 2023 to succeed Justice (R) Shabibul Hasnain after his retirement and also sent it to the L-G on the same day to decide whether he would differ with the decision of the Council of Ministers and whether he would like to invoke provision to Article 239AA(4) of the Constitution.
Deputy CM also quoted the Supreme Court from the matter State (GNCTD) Union of India Ar., (2018) 8 SCC 581 in the letter. However, he added that if the L-G desires to express a difference of opinion, then he wishes to remind him to kindly follow the process provided in Rule 49 of TBR. “In the last few days, there have been three occasions when you got your decision implemented by sending the file directly to the officers bypassing the CM and the Minister and got the officers to issue notification,” he said.
“SC has said that L-G is bound by aid and advice of the Council of Ministers,” Deputy CM added.