Delhi Dy CM's Allegation That Officials Are Not Cooperating With Govt Is Not True : MHA Tells Supreme Court

The Secretary of the Union Ministry of Home Affairs has filed an affidavit in the Supreme Court refuting the allegations made by Delhi Deputy Chief Minister Manish Sisodia regarding the non-cooperation by the officials serving the Government of National Capital Territory of Delhi.

The Deputy CM had alleged that officials are showing an indifferent attitude to the Government and are skipping meetings with Ministers and not picking up calls.

The affidavit filed by MHA Secretary Ajay Bhalla IAS submits that no incidents have happened where the officials have skipped meetings except on some occasions, as alleged by the Delhi Deputy CM.

The affidavit stated that, "I have verified from all senior level officials of GNCTD about non receipt of telecalls etc. and I have found that no such incidents have ever happened. It is submitted that all officials attend all meetings except on some occasions. On enquiry I have learnt that the dates on which some officers could not attend the meetings were the days on which they were officially assigned some other duties by the Delhi Government itself."

The affidavit of the Centre also points out that as per the judgment of the nine judge bench in the case of NDMC VS State of Punjab (1996), Delhi is a Union Territory and no Union Territory has its own services which are not in control of the Central Government. 

The affidavit also states that, "(a) The present status of Delhi is in existence since the year 1993. Till date no elected government in GNCTD has ever alleged any such alleged difficulties even during the period for which there were different parties ruling the Central Government and GNCTD.

(b) The Government of NCT of Delhi continues to be run by the cabinet headed by the Hon'ble Chief Minister from February 2015 till date. Despite this, the illustrations given in the affidavit under reply suggest that the problems of the year 2021-2022 are suddenly highlighted on the eve of hearing by the Constitution Bench.

(c) The illustrations are, by and large, vague and incapable of any precise examination by the Central Government more particularly, when no contemporaneous intimation of alleged failure is ever communicated to the Central Government."

The affidavit lastly submitted that any unit of administration requires a very skillful coordination between political executives and persons working in connection with the affairs of the respective units.

"Such coordination takes place by effective administrative skills and not with threats of control over the officers or employees. The fact that right from 1993, the system has worked very smoothly is testimony of this fact", the affidavit adds.

"I am advised not to deal with individual illustrations which would have clearly shown the falsehood contained therein since the deponent of the affidavit is the deputy CM and it may not be proper, appropriate or in good taste to deal with such assertions, more particularly, when I have found them to be not true", the MHA Secretary said in conclusion.

The Centre also filed a separate application seeking the reference of the issue, which is being presently considered by a 5-judge bench, to a bench of 9-judges. On December 5, CJI DY Chandrachud agreed to list the matter on January 10, 2023.

Govt. of NCT of Delhi vs Union of India and Anr. - CA 2357/2017