Delhi L-G did not follow proper procedure in removing me as DDCD vice-chairperson: Jasmine Shah to HC

The Director (Planning) issued a further order calling for sealing of Shah’s office and withdrawing staff and privileges assigned to him, pursuant to which the SDM Civil Lines issued a memo and the office premises were sealed, which has also been challenged in the plea.

Nayar argued that the power of appointment and dismissal of vice-chairperson rests with the CM and therefore the power of interim suspension will also rest with him. He argued that “prima facie neither Respondent -1 (Director Planning) nor Respondent 3 (LG) had any power to pass such an order particularly in the context of the LG himself recognising this wherein he asks the CM to act on his request”.

He referred to a Constitutional Bench decision of the Supreme Court in 2018 wherein it was clearly held that except subject matters pertaining to public order, police and land which are in the exclusive domain of the Centre, in respect of all other subject matters, the Delhi government will be empowered to take a decision.

It was brought to the HC’s attention that while the plea was pending, two developments had taken place. The CM issued an order on December 8 directing the Planning Department to recall the order of November 17 which contained the restrictions against Shah. The L-G on the same day referred the matter to the President of India for resolution as there was a difference in opinion between him and the CM.

Nayar argued today that the L-G did not follow the procedure prescribed in the Transaction of Business Rules which clearly states that in case of a difference in opinion, the matter has to be referred to the council of ministers; if the dispute continues, then the L-G can refer it to the President. Nayar claimed that reference is not in accordance with both the rules and the SC judgement and Shah’s privileges deserve to be restored despite the pending reference before the President. The matter will now be heard on March 15.