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This is an archive article published on September 24, 2016

Delhi government moves high court against LG Najeeb Jung order

The bench declined to pass any orders in the case and adjourned the matter to November 25.

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najeeb jung, lg jung, delhi lg, delhi government, kejriwal government, delhi high court, derc chief, krishna saini, krishna saini appointment, delhi, delhi news, india news, indian express news Lieutenant Governor of Delhi Najeeb Jung

EVEN AS Chief Minister Arvind Kejriwal sent a letter to Lieutenant Governor Najeeb Jung to “reconsider” his decision to remove DERC chief Krishna Saini, the Delhi government Friday filed an application before the Delhi High Court with a plea to direct Jung to reconsider his decision “on request of the counsel of ministers of the GNCTD”.

“Entire working of the Delhi Electricity Regulatory Commission… will be directly affected, owing to the aforesaid order dated 21.09.2016 passed by the LG. It may be noticed that the said order has only found fault with the process that was followed, leading upto/culminating in the selection of Shri Saini, and has not otherwise found him unfit for the post. Therefore, the objection is primarily of a procedural nature and does not impact the selection of the candidate on merits,” read the application.

During a brief hearing before the bench of Chief Justice G Rohini and Justice Jayant Nath, the AAP government said since the plea regarding the appointment of the DERC chief was pending before the Supreme Court, the high court should keep the application pending.

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The bench declined to pass any orders in the case and adjourned the matter to November 25.

The LG Wednesday set aside Saini’s appointment on grounds of “illegal infirmities”. The government had appointed Saini in March after the high court gave conditional permission during hearing of two PILs.

The first petition against the appointment was filed by Raman Suri, challenging the Delhi government’s December 2015 notification seeking applications for the post of DERC chairperson and one member.

Suri had argued that the chairperson of the commission should be a former high court judge, since the adjudication of disputes between generating companies or transmission licencees was a “judicial function”. The second petition was filed by lawyer A Mishra, seeking scrapping of the appointment as it was made without LG’s approval.

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