In Delhi HC, govt, LG at odds over sealing think tank’s office

Jasmine Shah’s office was sealed on November 17 by the SDM Civil Lines following an order from the Delhi government’s planning department to restrict Shah’s access to office over allegations of misusing his office for political purposes

The Delhi government on Monday told the Delhi high court that it has decided to rescind the order to seal the office of Delhi Dialogue and Development Commission (DDC) vice-chairperson Jasmine Shah. However, lieutenant governor Vinai Kumar Saxena, who had given the recommendation for Shah’s office to be sealed, said the rescinding order is yet to attain finality.

New Delhi lieutenant governor VK Saxena. (ANI)

Shah’s office was sealed on November 17 by the SDM Civil Lines following an order from the Delhi government’s planning department to restrict Shah’s access to office over allegations of misusing his office for political purposes. His staff were also ordered to be withdrawn.

Hearing Shah’s challenge against the sealing of his office, justice Prathiba M Singh was informed by Santosh Kumar Tripathi, appearing for the DDC, that the planning department has been asked to rescind the order. Saying a decision has been taken by the government, the counsel contended that there is no embargo to Shah’s in resuming his duties.

However, additional solicitor general (ASG) Sanjay Jain contested this stand and said that even though deputy chief minister Manish Sisodia has made some official notings on Saturday, the file is yet to be placed before the LG for it to attain finality. The ASG sought that the matter be called again after a couple of days, by which the LG would have taken his decision.

Noting this, the court asked both the LG and the DDC to file counter affidavits in the matter and posted the matter for hearing on December 13.

As senior counsel Rajiv Nayyar, for Shah, sought for interim stay, the court remarked, “I would prefer that both of you file affidavits in this matter. Without a counter, how will I deal with the allegations? We can’t reinstate a person like this…I can’t decide without affidavit”.

The court asked the LG, director (planning) of the Delhi government, the SDM Civil Lines and the DDC chairperson to file their counter affidavits responding to the petition.

In his petition, Shah has contended that he is not a “civil servant” or holding a “civil post” and therefore he has no obligation to remain politically neutral. The plea said that it is only persons appointed to a civil service or holding a civil post in connection with the affairs of the Union who are governed by the CCS (Conduct) Rules.

It is further submitted that 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.