Delhi govt vs LG battle reaches the legal sphere over engagement of Standing Counsel

A fresh political fight has broken out between the Aam Aadmi Party (AAP) government and Delhi Lieutenant Governor (LG) VK Saxena over an order passed by Law Minister Atishi "debarring" Standing Counsel (Services) Avnish Ahlawat from representing the Delhi government..Atishi had passed an order on August 7 on the allegations that Ahlawat gave “false and untruthful statements and has submitted wrong information in the affidavit” before the Delhi High Court in a suo motu writ petition. The order went on to allege that Ahlawat gave a "wrong legal opinion" in a contempt case despite not being the Standing Counsel (Civil). The Minister directed the Delhi Chief Secretary to conduct an inquiry into the matter and said that in the meantime, Santosh Kumar Tripathi, Standing Counsel (Civil), shall represent Delhi government in all relevant matters.The suo motu petition in question was related to improving Delhi's health infrastructure. The High Court has formed a committee of experts in the matter..Delhi High Court constitutes expert committee to improve Delhi's health infrastructure .However, Deputy Secretary (Services) Bhairab Dutt issued a separate letter with the Delhi LG's approval, contradicting Atishi and saying that Ahlawat's engagement as Standing Counsel would continue..On August 28, Dutt addressed a communication to Delhi government officials stating that in 2017, the services department of the government, with the LG's approval, notified a separate panel to represent the 'services matters' of the government.It is pertinent to note that 'services' in the national capital region come under the supervision of the LG.The communication effectively means that Ahlawat will continue to represent the Delhi government in service-related matters.It added that only these panel advocates can represent/defend the various government departments in service-related matters. "In view of the above, I am, therefore directed to inform that with the approval of Hon'ble Lt. Governor, Delhi the Services Department, Govt. of NCT of Delhi has notified a panel of advocates consisting of Standing Counsel and Addl. Standing Counsels to represent/defend various departments of GNCTD before Hon'ble CAT/High Court in Services matters and in service matters, these Standing Counsel/Addl. Standing Counsels/Panel Counsels only can represent/defend various departments of GNCTD before Hon'ble CAT/High Court," the communication stated. .Another letter issued on August 28 by Dutt stated that the panel of government counsel to represent and defend the cases of the service matters of Delhi government notified in the year 2017 still exists, and Ahlawat will continue to represent the Delhi government department and/or Union of India in cases related to services."It is further informed that Ms. Avnish Ahlawat who was appointed as Standing Counsel for the High Court of Delhi at New Delhi by Hon'ble Lt. Governor, Delhi in relation to any Suit, Appeal, CWP, CCP, RFAs and LPAS, OA, MA etc. and other proceedings by or against the Government of National Capital Territory of Delhi and/or Union of India in relation to the affairs connected with "Services" matters of all departments of Government of National "Capital Territory of Delhi and/or public officers(s), whose defence has been undertaken by it initially for a period of one year vide Notification dated 11.12.2017 which was further extended from time to time, is still Standing Counsel (Civil) to represent/defend the departments of GNCTD and/or Union of India in relation to aforesaid matters connected with 'Service," the second letter said. .Note: An earlier version of the story did not have the details of the second letter addressed by Deputy Secretary (Services) Bhairab Dutt. The story has been updated with the contents of the letter.