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SC allows Delhi HC to hear plea on LG’s termination of AAP consultants
The apex court’s July 20 order had dismissed an application moved by the Delhi government, seeking a stay of the Centre’s ordinance on services
The Supreme Court on Monday said that its order refusing to stay the Delhi ordinance on services in the Capital will not come in the way of the Delhi high court deciding a petition filed by 437 consultants hired by the Delhi government, whose services were terminated by lieutenant governor VK Saxena in July.
The consultants sought a clarification on whether the high court can proceed with their matter, as the apex court’s July 20 order had dismissed an application moved by the Delhi government, seeking a stay of the ordinance. The consultants were terminated by an order passed by the LG on July 5, that was also a subject matter of the application.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said, “Though the application was dismissed by this Court, what was dealt with by that order was stay of Ordinance. The correctness of the order of July 5 was not dealt with.”
Clarifying its earlier order, the bench, also comprising justices JB Pardiwala and Manoj Misra said, “We clarify that the order of July 20 will not come in the way of the high court to decide on the writ petition, which is already filed.”
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, told the court that the challenge to the ordinance and the subsequent law needs urgent consideration by the Constitution bench. He said, “There is total paralysis in Delhi. Recently, a meeting was called by the Delhi environment minister over the worsening pollution in the Capital and none of the secretaries came.”
Solicitor general Tushar Mehta, appearing for the Centre, pointed out that even on the appointment of the 437 consultants, the July 20 order of the apex court had heard arguments on the LG’s order of July 5.
However, the bench said, “Let them have their day in high court. We will keep your rights open.”
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