Delhi high court on Wednesday questioned the rationale behind Lieutenant Governor Najeeb Jung’s letter to civil servants on 17 September asking them to defy the orders issued by the elected government of Delhi.
The court felt that the effect of the order would be to create obstacles in the functioning of government officials adding that the Union of India had already filed a writ petition challenging the commission of inquiry on CNG Fitness Scam.
The court also added that the central government’s petition was pending before the bench, along with two other petitions filed by former employees of the transport department.
“When the matter is already sub-judice, where is the need for such orders. The Very constitution of the commission was under challenge”. The bench also said that from Thursday, it will schedule hearings in the case “every day”.
Additional Solicitor General Sanjay Jain, appearing for the central government, said that the Ministry of Home Affairs (MHA) had declared on August 21 that the decision of the government to institute the CoI was “legally incorrect and ab initio void.” “They are continuing with the illegal orders so this memorandum by the LG was issued,” said Jain.
Appearing for Delhi government, Rajeev Dhawan told the court that the aim of the September 17 order was to “scare” government officials.
“They have unilaterally said that we have declared the Commission of Inquiry as illegal and if you comply with these orders, you face disciplinary action,” said Dhawan.