In his letter to Jung, Justice (retd) S N Aggarwal said he is a constitutional authority and he has to act independently irrespective of Central government's view.
Aggarwal's letter comes days after Jung refused to direct ACB chief M K Meena to produce records relating to the alleged CNG fitness scam before him, saying that since the Union Home Ministry has declared the Commission "legally invalid and void", he is "unable" to assist in this case.
"You (LG) are labouring under misconception when you say that you are bound to follow the instruction of the Ministry of Home Affairs, Government of India. By so stating you are in fact undermining your own position.
"Under the Constitution which is sacrosanct and is binding on each and every functionary including you and me, you are a Constitutional Authority who has to act independently irrespective of the GOI's view that the Commission of Inquiry headed by me has been declared illegal and invalid," Aggarwal said.
In his letter, Aggarwal has also referred to the judgments of the Supreme Court relating to the role of Governor. Aggarwal hoped that in view of the legal position stated by him, the LG would revisit his decision and pass appropriate orders.


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