The Delhi government had to cancel the appointment of 9 key advisors to ministers following a direction from the Union Home Ministry. The city government has also said that “creation” of such posts was “void”. The general administration department (GAD) in its order said, “The MHA clarified that ‘Services’ under the government of NCT of Delhi is a subject reserved for the central government as per the Constitution. Therefore, creation of posts by Delhi cabinet for accommodating these appointees is void ab-initio being done by an agency not competent under the law to do so.”
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In a letter to GAD on April 10, the MHA said no approval of the central government was taken for creation of the posts to which the nine advisors were appointed on a co-terminus basis. According to a GAD order issued today, the MHA said these were not on the list of approved posts. Asked about the move, Deputy Secretary, GAD, Promila Mitra, who signed the order, said she was not authorised to speak on the matter.
According to reports, the MHA directions came after the services department wrote to it seeking to know the legal status of the appointment of the nine advisors. “No prior approval of the central government has been taken for creation of the posts on which these persons have been appointed on a co-terminus basis,” the order read.
The nine advisors are Arunodya Prakash (media advisor to deputy chief minister), Atishi Marlena (media advisor to deputy chief minister). Prashant Saxena (consultant in the office of power minister), Ram Kumar Jha (logistics in office of GAD minister), Sameer Malhotra (consultant in office of power minister and Rajat Tiwari (Aide-de-camp, office of power minister), Amardeep Tiwari, (media advisor to law minister), Raghav Chadha (advisor to finance minister), Brig Dinkar Adeeb (OSD to power minister)
The MHA’s notification dated May 21, 2015 clarified that “services” is a subject reserved for the central government as per the Constitution, the order read.
“Therefore, creation of services by Delhi Cabinet for accommodating these appointees is void ab-initio, being done by an agency not competent under the law to do so. “Since creation of these posts and subsequent appointments on these posts are not valid, all previous orders regarding creation of these posts and appointments made against them are cancelled,” the GAD order read. Reacting to the development, Deputy Chief Minister Manish Sisodia tweeted, “Modi Govt’s order to remove Delhi govt advisors is a conspiracy to derail revolution in Delhi.