Sisodia asks Delhi LG to 'urgently' clear appointment of DERC chairman

New Delhi: Deputy Chief Minister Manish Sisodia on Tuesday wrote to Lt Governor VK Saxena, requesting him to "urgently" clear the appointment of the Delhi Electricity Regulatory Commission chairman amid continuing tussle between the two sides.

Chief Minister Arvind Kejriwal had last week approved the appointment of Justice (Retd) Rajeev Shrivastava as the next Delhi Electricity Regulatory Commission (DERC) chairman.

The file was sent to Saxena for his approval, the government had said.

Sisodia said the post of DERC chairman became vacant on Tuesday and requested Saxena to "urgently" clear his appointment.

"Have requested Hon LG to clear the appointment of DERC Chairperson urgently. The post becomes vacant from today. I have also urged him not to send the file directly to officers (as he has done in three cases last week) as that is against the Constitution and various SC judgements," Sisodia said in a tweet.

No immediate reaction was available from the Lt Governor's office.

Sisodia said in the last few days, there had been three occasions when the Lt Governor got his decisions implemented by sending files directly to the officers, "bypassing" the chief minister and the ministers concerned.

He said in the letter that the Lt Governor's "justification of bypassing" elected government for being "administrator" was "legally" incorrect.

"The Supreme Court has said that the 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," Sisodia said.

The tenure of incumbent DERC Chairman Justice (Retd) Shabihul Hasnain lapsed on Tuesday and yet the Lt Governor has not cleared the appointment of the recommended office-bearer, Sisodia said in the letter.

The file for the appointment of Justice (Retd) Shrivastva was sent to Saxena on the same day it was approved by the chief minister to decide whether he would differ with the decision of the Council of Ministers and if he would like to invoke proviso to Article 239AA (4) of the Constitution, Sisodia said.

Justice (Retd) Shrivastava was an eminent judge of Madhya Pradesh High Court, Sisodia said.

"He has had an outstanding career and impeccable record. Therefore, I find no reason why you would differ with the decision of the Council of Ministers. On the contrary, I feel you would be pleased to endorse this decision," he said.

Citing the Supreme Court judgment, Sisodia said, "The difference of opinion between the LG and the Council of Ministers should have a sound rationale and there should not be exposition of the phenomenon of an obstructionist but reflection of the philosophy of affirmative constructionism and profound sagacity and judiciousness." The AAP dispensation in the recent past has criticised the Lt Governor over his decisions to nominate the presiding officer and aldermen to the newly elected Municipal Corporation of Delhi House and members of the Haj Committee, accusing him of "bypassing" the elected government.