Fate of commissions of inquiry ordered by AAP govt in limbo

The fate of two commissions of inquiry ordered by the AAP government to probe into the CNG fitness scam and alleged irregularities in DDCA is in a limbo with the Delhi High Court today terming these as "illegal", saying it was "without approval" of the Lieutenant Governor.
A bench of Chief Justice G Rohini and Justice Jayant Nath said that the Delhi government's notifications of August 11, 2015 and December 22, 2015 regarding commissions of inquiry were issued without taking concurrence of the LG.
"Therefore, the appointment of the Commission of inquiry merely on the basis of the Cabinet decision without approval of the LG is without jurisdiction," the bench said.

It said, "The impugned notification dated December 22, 2015 under which Commission of Inquiry has been appointed on the basis of the resolution adopted by the Legislative Assembly of NCTD without seeking the views/concurrence of the Lieutenant Governor is without jurisdiction and illegal".
The Directorate of Vigilance of the Delhi government had on August 11 last year appointed a Commission of Inquiry to go into all aspects of award of work related to grant of CNG fitness certificates in the Transport Department and there was a subsequent probe.
On December 22, 2015, the government had appointed a Commission of Inquiry to to into the allegations of irregularities in functioning of Delhi and District Cricket Association (DDCA).

During the arguments on the petitions against these two notifications, the Delhi government had contended that prior approval of the LG was not required since the appointment of a commission of inquiry does not fall within the ambit of the Article 239AA(3)(a) of the Constitution.
The Centre had countered these submissions, saying that a commission of inquiry may be appointed under section 3 of the Commission of Inquiry Act, 1952, by 'appropriate Government'.
It had said that in relation to administration of NCTD, the 'appropriate Government' shall be the central government or the LG, who is the delegatee of the President.