The Aam Aadmi Party government has accused officers of refusing to follow its orders yet again, calling it an open rebellion. Officials said the issue pertains to the appointment of a senior counsel to represent the Delhi government in a matter related to GST refunds.
Services minister Atishi said Wednesday that the Finance Secretary refused to follow orders passed by her and her predecessor Kailash Gahlot in a routine matter related to the appeal of a case which the government lost in the Delhi High Court.
“Principal Secretary (Finance) Ashish Chandra Verma has declined to comply with my directions regarding a matter that concerns GST refund. The Delhi High Court ruled against the Delhi Government in this matter. The elected government decided to challenge this ruling in the Supreme Court. On June 5, Finance Minister, Kailash Gahlot, issued instructions to appoint a Delhi government advocate and file a petition in the Supreme Court, to avoid incurring losses to the public exchequer through the refund payment. However, subsequent to these instructions, officials within the Finance department passed the file amongst themselves without appointing an advocate or filing the petition in the Supreme Court. When I received the file on July 12, I reiterated the same instruction,” she said.
According to officials, the value of the GST refund is Rs 1 crore, which the Delhi High Court has ordered the government to pay. Atishi, in the file pertaining to the matter, also gave the name of the lawyer who was to be appointed after the matter is challenged in the apex court.
“Two days ago, the Principal Secretary, Finance, declined to adhere to my instructions. If the elected government continues to face officers’ refusals in its day-to-day governance activities, it will severely hinder the progress of the work for the people of Delhi,” she added.
Referring to the GNCTD (Amendment) Act, Verma told The Indian Express: “I have sent a report… pointing out that appointment of special counsel and fixing fees by ministers without following the proper financial procedure is not correct. Ministers are fixing fees of lawyers themselves and the government has to pay huge fees without the matter being examined by law and finance departments. I have pointed out that this is irregular and there is a prescribed procedure for appointment of special counsels. All lawyers for the Supreme Court are to be given by the central law agency but the ministers were insisting on appointing particular councils who are not Additional Solicitor-Generals and hence not fit for representing the government in the Supreme Court.”
Atishi said Verma wrote that the lawyer cannot be appointed by her and the Lieutenant Governor would do it. ”Now they are saying that if the Delhi government goes to court against the L-G, then the L-G will decide who will be the lawyer,” she said.
This is not the first time that the L-G’s office and Delhi Cabinet members have sparred over the appointment of special public prosecutors and lawyers. Former L-G Anil Baijal had appointed special public prosecutors in the 2020 riots cases without the aid and advice of the Chief Minister. The matter was referred to the President, whose assent is sought when the L-G and CM are not on the same page.
