Deputy CM Manish Sisodia: Not abiding by SC order is disrespectful

Immediately after the Supreme Court order made it clear that the elected government was not required to take the approval of the LG or all its decision, deputy CM Manish Sisodia releases fresh order on transfers/postings of officers.

According to the new notification, all IAS, DANICS officers will be appointed by Delhi CM; Grade I and II DASS officers will be appointed by the deputy chief minister and the remaining employees by the respective departments and ministries.

Then Chief Minister Arvind Kejriwal has called for a meeting with all Cabinet ministers at 4 pm at his residence “to discuss critical projects of public importance which were blocked so far.”

Called a meeting of all Cabinet Ministers at 4 pm at my residence to discuss critical projects of public importance which were blocked so far.

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

Following this Arvind Kejriwal asks Cabinet to expedite implementation of doorstep delivery of ration scheme.

Cabinet meeting held.

Directed all functionaries of Del govt to function according to the order of Hon’ble SC.

Also directed to expedite proposals of doorstep delivery of rations and CCTV now.

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

Observing the differences Supreme Court said L-G should hold discussions to settle differences with ministers.

Regarding the fresh order on transfers in his justification Sisodia said, “The power for transfer and posting of officers was taken away from the elected government two years back through the the high court judgement of August 4. All powers related to services, including posting and transfers across departments, were vested with the LG and other officials.”

“As minister of services, I have issued an order to change this system with immediate effect,” he added.

दिल्ली की जनता की तरफ से मा. सुप्रीम कोर्ट का तहे दिल से शुक्रिया –
– जनता की चुनी हुई सरकार अब दिल्ली की जनता के लिए फैसले ले सकेगी और फाइलें एलजी के पास भेजने की ज़रूरत नहीं पड़ेगी
– चुनी हुई सरकार अफसरों की ट्रांसफर पोस्टिंग कर
सकेगी।
लोकतंत्र में लोक महत्वपूर्ण।

— Manish Sisodia (@msisodia) July 4, 2018

Now today in a press conference Sisodia addressed Speaking on Service Department statement, he said, “not abiding by SC order is disrespectful.”

Highlighting the democratic nature of our constitution he said, “If there is a democracy in our country and officers would deny to accept court orders then there will be no obedience of law. There is a possibility of some officers not liking the decision of transfer but the court decisions does not depend on liking, if court has given certain decision then just obey it.”

Further he mentioned the points cleared by the court which will support his orders on transfers/postings of officers claiming ‘how can officers openly deny the orders?’

Also Read: LG cannot be an obstructionist, observes Supreme Court

Point 1: Center has power on three subjects which does not include the services department and the rest can not be controlled by them.

Point 2: Other subjects and transfer matter excluding the three mentioned subjects, executive powers are only in the hands of Vidhan Sabha & Delhi cabinet of ministers.

Point 3: In constitutional speech everything is made clear and it is the supreme power verdict which can not be denied. Hence the MHA notification might not been quashed by constitutional bench but it will be done by DB, that’s merely a formality.

The MHA notification might not have been quashed by constitutional bench but it will be done by DB.
That’e merely a formality.
In the light of the above judgement, can LG still exercise executive powers over services? If he does that, he will clearly be in contempt of SC.
3/4

— AAP (@AamAadmiParty) July 5, 2018

He concluded the press conference saying cooperation is required from center as well as Delhi L-G.

Also Read: Know what politicians said on Supreme Court verdict on AAP vs LG