Atishi 'falls ill', Delhi LG asks Kejriwal to complete DERC chairman's oath taking via video conference

New Delhi: Delhi Lieutenant Governor V K Saxena on Monday advised Chief Minister Arvind Kejriwal to complete the oath taking exercise of DERC chairperson-designate Justice (retd) Umesh Kumar through video conferencing, after the event was postponed due to Power Minister Atishi Marlena's "ill health".

In a letter to Kejriwal, Saxena said Kumar, a former judge of Allahabad High Court, was available for the oath ceremony only till 10 am on Tuesday.

The LG said either the power minister administers Kumar oath of office and secrecy through video conference or a video call on his mobile, or the CM or any of his ministers complete the formalities or the chief secretary may be asked to complete the task.

“It seems bizarre to say the least that a notification of the President of India issued way back on 21st June, 2023 is not being given effect to, on account of unavailability of the Minister, in today's digital age,” the LG said in his letter.

There was no immediate reaction from the AAP government.

Kumar was appointed chairman of the Delhi Electricity Regulatory Commission (DERC) on June 21. The AAP dispensation has challenged his appointment in the Supreme Court.

The appointment of DERC chairman is the latest flashpoint between the Delhi government and the lieutenant governor''s office, following the Centre's ordinance on control of services. The AAP has also challenged the ordinance in the apex court.

According to the Raj Niwas officials, Atishi wrote to the chairman-designate and asked for his availability to take the oath in her presence. "He accordingly confirmed the same," they said.

Later, the event was postponed after Atishi took ill, the officials said.

The Delhi government, in a statement, said, "Power Minister Atishi had come to office today and her schedule included the event to administer oath to the DERC chairperson-designate. However, she suddenly faced a health issue due to which all her meetings and official engagements (including the administering of oath to DERC chairman-designate) had to be postponed."

The oath taking ceremony of the new DERC chairperson has been rescheduled for the coming Thursday, the statement added.

The LG in his letter said following the communication that the oath ceremony will take place at 6 pm on July 3, Kumar had reached Delhi in the morning itself.

“It is surprising to note that Justice (retd) Umesh Kumar has not been facilitated and kept in limbo, for the oath as Chairperson of DERC, since as long as 25th June 2023, despite the fact that he expressly made himself available for this purpose,” the LG said in his letter.

LG Saxena had also written to Kejriwal on June 27 flagging the unnecessary delay in administering the oath of office to the former judge.

Sources said Kejriwal forwarded the letter to Atishi the same day and asked her to administer the oath "as early as possible".

In her communication to Justice Kumar last week, Atishi had blamed the Power Department for the confusion over the delay in the oath taking ceremony.

It is because of this shockingly lax and unprofessional behaviour that someone as senior as you has had to undergo this inconvenience... I have directed the Power Department to take disciplinary action against the officer who is responsible for this. We can have the Oath Taking Ceremony in my office at 6 pm on July 3rd (Monday) or any time in second half of the day on July 4th (Tuesday), she stated.

The AAP government had recommended the name of former Madhya Pradesh High Court judge Justice (retd) R K Srivastava for the position. However, Justice Srivastava expressed his inability to take charge due to "family commitments and requirements".

Later, the government sent the name of Justice (retd) Sangeet Raj Lodha of the Rajasthan High Court on June 21. The Central government, however, notified the name of Justice Kumar that evening. The AAP government had called his appointment "patently unconstitutional".