All the actions taken by AAP Govt. without LG Jung’s consent are set aside.
Giving a major setback to the Arvind Kejriwal led AAP government, the Delhi High Court today ruled that the Lieutenant Governor is the Administrative Head of the Govt. of National Capital Territory of Delhi.
The HC further ruled that no action can be taken by Delhi Govt. ACB against Central Government officers.
The Delhi Government’s Standing Counsel stated that they will file an appeal against the DB- I order immediately before the Supreme Court.
Chief justice G Rohini led Bench with Justice Jayant Nath gave a Judgment that all the decisions taken by the Delhi Government without consulting the LG were illegal and non est.
The Division Bench ruled that on reading of Article 239 AA of the Constitution of India and the NCT Act, makes it amply clear that Delhi continues to be a union territory.
The court gave a finding that Article 239 AA continues to be in effect in Delhi and that the contention of the Delhi Government is without any merits or substance and cannot be accepted by the Court.
The HC stated that the commission of inquiry into the transport scam (dt 11/8/15) too is illegal as L-G Najeeb Jung’s permission for the same was not sought.
The Delhi High Court further ruled that the appointment of a commission of inquiry into DDCA affairs is also rendered illegal.
Bench observed that the appointment of Members to the Board of BSES, without the L-G’s nod, is illegal as well.
The court also set aside the circle rate notification issued by GNCTD as L-G Jung was not consulted prior to issuing that notification.
Read Full Text of Judgment Here-
Delhi High Court Judgment on Delimitation of Powers of LG and CM
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