AAP govt vs Central government: Petitions over row flood Delhi High Court

In 2014, the then newly-elected AAP government directed the ACB to register a case against Reliance India Ltd and former Union ministers Veerappa Moily and Murli Deora, as well as senior bureaucrats, for alleged corruption. The question of whether the Anti-Corruption Branch (ACB) has the power to investigate officers of the Centre is presently pending before the court.

Enhancement of Circle Rates

Two separate PILs — challenging the AAP government’s decision to amend the circle rates for agricultural land in the city — were filed before the Delhi High Court. The first PIL, filed by property dealer Gopal Gupta, challenged the enhancement of circle rates on the grounds that such a move would “negatively affect the property market”. The plea also alleged that the decision was taken without the Lt-Governor’s approval.

The notification on enhancement of circle rates, issued on August 4, had already run into some trouble after Jung directed the Arvind Kejriwal-led government on August 10 to maintain status quo till the issue was examined legally. Gupta’s plea was dismissed by the High Court after the Delhi government pointed out that the notification had been “issued in the Lt-Governor’s name,” under the transaction of business rules.

A separate PIL was filed a week later by Congress member Naresh Kumar, who sought quashing of the circle rate notification on the grounds that it was “discriminatory.” The plea also claimed that the government had no competence to issue such notifications since Jung was the competent authority.

On August 21, the bench of Chief Justice G Rohini and Justice Jayant Nath said that it needed to examine whether the Lt-Governor has to sign a notification issued in his name. The bench has, for now, adjourned the matter to September 23, after the counsel for the Delhi government argued that Jung had been informed about the terms of the notification and they had also been endorsed by the Ministry of Home Affairs (MHA).

Appointments of bureaucrats, officials

On May 28 this year, the Delhi government challenged the constitutional validity of a notification issued by the MHA on May 21, seeking to extend absolute power — to appoint civil servants in the national capital — to the Lt-Governor. The AAP government challenged the Lt-Governor’s decision to appoint Shakuntala Gamlin as the chief secretary and M K Meena as the ACB chief.

The Delhi government, in its arguments, has said that the transaction of business rules that apply to the national capital region (NCR) are passed by the President. They do not allow the Lt-Governor to make decisions “as though the elected government does not exist,” claimed the Delhi government.

CNG fitness ‘scam’

A retired official of the Delhi government’s transport department has challenged the AAP government’s decision to constitute a Commission of Inquiry into the alleged CNG fitness scam.

Rajendra Prashad challenged the decision on the grounds that it had not been approved by the Lt-Governor who, he claimed, has the sole authority to take such a decision. “Only the Lt-Governor could have issued the notification and his approval has not been taken, while it is beyond the competence of the Chief Minister’s Office to order a probe,” stated his plea.

In his plea, Prashad claimed that the Lt-Governor had turned down such a proposal earlier. The high court has, for now, directed the Delhi government to furnish its reply on the issue by September 23.

Appointment of nominee-directors to discoms

A PIL, filed last week, has challenged the AAP government’s decision to nominate new directors to the boards of the three power distribution companies (discoms) in the capital without the Lt-Governor’s approval.

During the hearing, the bench comprising Chief Justice G Rohini and Justice Jayant Nath said the matter was similar to the petition challenging the Commission of Inquiry in the CNG fitness case. The matter will come up for hearing on September 23.

In his plea, petitioner Sandeep Tiwari has said the appointments of nominee-directors should be declared null and void as the Delhi government had failed to get prior approval of the Lt-Governor. He contended that the MHA’s notification of May 21, 2015, had specified that all executive appointments were required to be made by or with the approval of the Lt-Governor.

The petition said the appointments had been made in “complete departure” to the practice of appointing senior government officials of the ranks of chief secretary, and  principal secretary, to discoms as the government’s nominee-directors.