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HC seeks LG’s reply on Delhi think tank’s office sealing
DDC vice chairperson Jasmine Shah’s office was sealed last week Thursday night by SDM Civil Lines following an order from the Delhi government’s planning department to restrict Shah’s access to office. His staff were also ordered to be withdrawn.
The Delhi high court on Tuesday sought the stand of lieutenant governor (LG) Vinai Kumar Saxena on a plea by Jasmine Shah, vice-chairperson of Dialogue and Development Commission of Delhi (DDCD), the state government’s policy thinktank, challenging the LG’s decision to seal his office and investigate him for allegedly “misusing his office for political purposes”.
Shah’s office was sealed last week Thursday night by SDM Civil Lines following an order from the Delhi government’s planning department to restrict Shah’s access to office. His staff were also ordered to be withdrawn.
Justice Yashwant Varma listed the case for further consideration on November 28 and asked the counsel for the LG and other respondents to make submissions on that date.
“…we are only concerned with the challenge to jurisdiction which has been assumed by the LG. What will have to be considered is the scope of the power the LG can exercise... 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 Director (Planning), Delhi government, on the LG’s request to chief minister Arvind Kejriwal to remove him from the post of vice-chairperson, and pending such a decision, to restrain him from using his office and withdraw the staff and facilities assigned to him.
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. He contended that the LG has no power to restrain him from performing his duties.
As Nayar contended that Shah’s office had been sealed, Justice Varma verbally remarked “that is not his office... in any case, that is not his (Shah’s) personal space”.
The court also sought to know how the vice-chairperson of the DDCD is appointed.
“This particular notification does not prescribe as to how the vice-chairperson is appointed. It could be anybody? There are no qualifications? Nothing is prescribed at all? Is it a political office?”
He also sought to understand if once an individual takes up this honorary position, he is obliged to give up other the activities.
“While holding that office or post, can you continue... and whether that should be permitted to continue,” the court remarked.
In his petition, Shah has contended that he is not a “civil servant” or holds a “civil post” and therefore has no obligation to remain politically neutral. The plea said that only persons appointed to a civil service or holding a civil post in connection with the affairs of the Union are governed by the CCS (Conduct) Rules.
The plea also said the petitioner is not entrusted with the responsibilities, duties or functions which would involve the exercise of executive, administrative or judicial powers of the state or authority in the name of or on behalf of the Delhi government such as sanctioning of the budget for the DDCD, appointment of staff or payment of salaries and he, therefore, does not have a master servant relationship with the government.
“The petitioner, on the other hand, has been appointed by the Cabinet of the GNCTD to advise the Government on issues of governance and his term is coterminous with the present government. He is not a part of the ‘permanent executive’ but at the highest could perhaps be stated to be an extension of the political executive,” the petition read.
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