Vice-Chairperson of the Delhi Dialogue and Development Commission (DDC), Jasmine Shah filed a plea in the Delhi High Court challenging the Governor's authority to recommend the removal of anyone appointed by the Chief Minister.
The court on Tuesday adjourned the hearing, and Justice Yashwant Varma said, "Come back on Monday (November 28). We are only concerned with the jurisdiction assumed by LG Delhi. The scope of power has to be seen," according to a report by NDTV.
Bearing in mind the question which arises, let the standing counsel appearing for respondents obtain instructions, the judge said.
Shah has challenged the November 17 order issued by the Director (Planning), the Delhi government, on the LG’s request to Chief Minister Arvind Kejriwal to remove him from the post of vice chairperson of the Dialogue and Development Commission of Delhi (DDCD), and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him.
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Following a complaint by BJP MP Parvesh Verma some weeks ago, the LG Governor accused Shah of misusing public office for personal political activities and had his office sealed by the local magistrate.
Besides LG Vinai Kumar Saxena, the other respondents are Director (Planning), Chairman of DDCD i.e. the Delhi chief Minister and Sub Divisional Magistrate (Civil Lines).
Delhi government’s standing counsel Sanotsh Kumar Tripathi appeared for the respondents. Senior lawyer Rajiv Nayar, appearing for Shah, argued the petitioner was appointed pursuant to a decision of the Delhi cabinet and his appointment was coterminous with the term of the present government. The LG, he contended, has no power to restrain him from performing his duties.
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In his petition, Shah has said the orders passed against him are a “gross abuse of power and process”, wholly without any merit, an instance of colourable exercise of authority, illegal, ex facie malafide and patently lacking in jurisdiction.
He has also assailed orders locking his office and withdrawing all facilities as well as privileges.
Shah was behind the Delhi government’s ambitious electric vehicle policy and is the vice chairman of the think tank involved in drawing blueprints of various initiatives of the city government, including its food truck policy, electronic city, and shopping festival, among others.
He enjoys the rank of a Cabinet minister and is entitled to the perks and privileges of a Delhi government minister like official accommodation, office, vehicle and personal staff.
The DDCD offices were sealed on the night of November 17 for preventing its alleged “misuse by Shah for political gains”. The sealing exercise was undertaken by the Planning Department of the Delhi government.
(with PTI inputs)
