Lt Governor V K Saxena has flagged the alleged "misleading" submissions by the Delhi government counsels before the high court in connection with the filing of a report to the court on conforming and non-conforming wards while implementing the now-rescinded Excise Policy 2021-22, Raj Niwas officials said on Wednesday.
Excise Minister Atishi called the government counsels and the excise department for an official meeting to ascertain the reasons behind the alleged “miscommunication” with the Delhi High Court, the AAP government said.
The proposal of the Excise Commissioner to submit the report of the committee -- set up on the orders of the Delhi High Court regarding conforming and non-conforming wards -- to the court was moved for LG's approval on August 18, 2022, Raj Niwas officials said.
However, it was stalled by the then minister twice, officials said.
"All this while the government kept telling on record in HC, that the report was pending with LG. It prompted the court to request the LG thrice to clear the file for submission of the report expeditiously, despite the fact that the file was not with LG.
“The proposal was cleared by Atishi (Delhi minister) who sent it for further recommendation to Chief Minister Arvind Kejriwal, who cleared it on January 16 this year and sent it to LG," an official said.
In a file noting to Kejriwal, Saxena noted that the file relating to the approval of the report was received at the LG Secretariat on January 16 this year – after a lapse of one year and five months since it was first moved for LG’s approval on August 18, 2022, the official said.
Saxena noted in the file that the case is a "sad reflection on the manner in which the state government counsels made false and misleading statements" before the court, showing the Lieutenant Governor and his office in poor light in the eyes of the court.
Saxena added that he would like that the state government, in its affidavit, to give a full disclosure that the delay in submission was "completely attributable to the state government" and action should also be taken against the Standing Counsel for "presenting facts in a twisted manner" before the high court.
He noted that this "amounts to lowering the dignity of this office apart from perjury and contempt of court", the official said.
The Lt Governor, in his file noting, said pending such action, the advocates who made the statements should be debarred from appearing before the courts on behalf of the government with immediate effect.
The MCD has now been unified and a number of wards as well as their boundaries have also changed subsequently. Since, the committee was formed in the context of the Excise Policy 2021-22 prevailing at that time, the report of the committee will have no bearing on the current excise policy, he said in the file.
Given the fact that the issue of identification of conforming and non-conforming wards for the purpose of implementation of the Excise Policy 2021-22 is still under litigation, the LG said the excise department is directed to submit the report of the committee before the high court.
In view of the LG's objections on the matter, Atishi called the government counsels and the excise department for a meeting to ascertain the reason behind the "miscommunication".
"As the Minister of Law and Finance, Atishi convened a meeting with the excise department and concerned government counsels to understand why the miscommunication has happened with the High Court regarding the status of the file.
"It is imperative to ensure clear communication channels and resolve any issues promptly," the AAP government said.
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