NEW DELHI: Former vice chairperson of the Dialogue and Development Commission of Delhi (DDCD) Jasmine Shah, who was removed from the post, on Thursday, told the High Court that proper procedures were not followed by the Lieutenant Governor (L-G) Vinai Kumar Saxena while restricting his position.
Justice Prathiba M Singh was hearing Shah’s plea challenging the L-G’s order, in which it was ordered that Shah be restricted from the discharge of functions as V-C and be barred from using any privileges connected with the office of VC, DDCD. The L-G also asked Kejriwal to sack Shah from the post for allegedly ‘misusing his office for political purposes’.
However, after receiving the file to revoke the restrictions, L-G invoked difference of opinion under Article 239AA(4) of the Constitution (to be read with Rule 50 of ToBR, GNCTD, 1993). Government, however, refused the L-G’s order and on December 8, last year, CM ordered the Planning Department to recall the November 17 order.
Shah’s counsel submitted that as per the judgment of a Constitution Bench of the SC and the Transaction of Business of the Government of National Capital Territory of Delhi Rules, the L-G should have referred the matter first to the Council of Ministers.
Senior counsel Rajiv Nayar, apprised the HC that the matters of appointment in the present instance fall within the domain of the CM, which has been recognised by the L-G as well, and there was thus “no basis” for the orders under challenge.
The CM did not favour the removal and in the absence of any consultation with the council of ministers, the L-G could not have referred the matter to the president.The reference to the president was not in accordance with the law laid down by the SC and Transaction of Business Rules, he said.