New Delhi: The Delhi High Court, Wednesday, issued a notice to the Delhi government and sought reply over over appointment of 21 Aam Aadmi Party ( AAP) MLAs as parliamentary secretaries to ministers.
The HC has asked the Arvind Kejriwal-led government to files its response by July 1.
The court's order came on a petition filed by NGO 'Rashtriya Mukti Morcha' that alleging that the appointment was "unconstitutional, illegal and without jurisdiction".
The public interest litigation (PIL) sought quashing of Kejriwal's March 13 decision, saying the Chief Minister issued "unconstitutional and illegal order appointing 21 MLAs as PS in gross violation of the constitutional provisions of Article 239 AA of the Constitution of India and Section 44 (2) and (3) of the Transaction of Business of the Government of the national capital Territory of Delhi rules, 1993."
"Issue an appropriate order or direction in the nature of certiorari that the impugned order dated March 13, issued by the Chief Minister of Delhi is invalid and illegal, since all executive action or order issued by any department of the Delhi government are to be issued in the name of the LG and authenticated in the prescribed manner.
"... No prior sanction was obtained from the finance department regarding the expenditure to be incurred on the PS for using transport facilities and additional establishment cost and expenses as is mandatorily required under Transaction Business of the government," the plea said.
Recently, it came to light that the Delhi government department, which processed the appointment of MLAs as parliamentary secretaries to various ministers, does not have information about the law under which they were appointed and had merely acted on a 'note' from chief minister's office.
An RTI response received from the General Administration Department shows that the appointment was done on the bases of a 'note' received from the office of chief minister Arvind Kejriwal dated March 5, 2015.
According to the reply, parliamentary secretaries do not receive any remuneration or any perks of any kind from the government--meaning no burden on exchequer.
They, however, may use government transport for official purposes and space in the minister's office would be provided to them to facilitate their work, it said.