Court quashes panel probing DDCA, CNG fitness ‘scams’

NEW DELHI: In another blow to AAP, the high court on Thursday said the Delhi government could not set up any commission of inquiry without the approval of the lieutenantgovernor.

NEW DELHI: In another blow to AAP, the high court on Thursday said the Delhi government could not set up any commission of inquiry without the approval of the lieutenantgovernor.

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A bench of chief justice G Rohini and justice Jayant Nath quashed two high-profile commissions of inquiry set up to probe the alleged CNG fitness scam and the alleged irregularities in DDCA. It said the panels were set up without the L-G’s approval.

T wo former transport department officials and the Centre had challenged the Delhi government’s decision to constitute a commission to probe the CNG fitness scam, contending only the L-G could take such an action. Former CM Sheila Dikshit is also named in the scam.

The Delhi government appointed the commission of inquiry, consisting of justice SN Aggarwal, retired high court judge, in August last year. It was to probe the allotment of work regarding the CNG fitness certificates in the Delhi transport department.

The court agreed with the submission of Additional Solicitor General Sanjay Jain that the L-G acting through the Central government is competent to appoint a commission of inquiry regarding the administration of Delhi that is a Union Territory.

T he procedure followed by the Delhi government in issuing the notification for appointing the panel is “ex facie illegal being in violation of the constitutional scheme”, since the decision of the cabinet was not communicated to the L-G, the bench said.

The Delhi government’s move to appoint nominee directors in BSES Rajdhani Power Limited, BSES Yamuna Power Limited and Tata Power Delhi Distribution Limited was also termed illegal by the court, which said it was made without the prior approval of the L-G.

The court quashed the Delhi government’s direction to the Delhi Electricity Regulatory Commission to compensate consumers in case of unscheduled power cuts. It said such policy directions could not be issued without informing the L-G.

The court also quashed the August 4, 2015, notification of the AAP government, effecting a major hike in circle rates for agricultural land since L-G’s approval was not taken. It, however, said the Delhi government had the power to revise the circle rates.