Removal of official violation of top court order, says Delhi Govt
New Delhi, December 14
A day after Delhi Lieutenant Governor (L-G) VK Saxena submitted in the High Court that the matter pertaining to the removal of Dialogue and Development Commission of Delhi (DDCD) vice-chairperson Jasmine Shah was referred to the President, the state government today claimed that L-G had violated a Supreme Court judgment.
The government today said the Constitution Bench of the Supreme Court, in its 2018 judgment, had laid down a law that the L-G could refer a matter to the President only in exceptional cases, especially those concerning finance and policy.
“By illegally removing Jasmine Shah from the position of vice-chairman, DDCD, and now referring this routine matter to the President is a blatant violation of the SC judgment,” said the government in a release.
Shah had challenged the November 17 order of his removal from the post of vice-chairperson of the DDCD. The order, passed by the L-G, had also restrained Shah from using his office space.
The HC had, last month, sought a response from the L-G and the Delhi Government on Shah’s plea challenging the L-G’s order restraining him from discharging his function as the vice chairperson, DDCD.
Complying with the HC’s order, the L-G filed a counter-affidavit yesterday: “That in exercise of such authority vested in him by Article 239AA (4) of the Constitution, the Honourable Lt Governor, in terms of difference of opinion expressed by the Honourable Deputy Chief Minister and approved by the Honourable Chief Minister, referred the matter to the Honourable President on 30.11.2022.”
