The Delhi High Court on Tuesday agreed to hear a plea filed by a lawyer challenging the union home ministry's May 21 notification which said that the lt. governor has discretionary power over appointment of key bureaucratic posts in the capital.
The PIL sought quashing of the home ministry's notification contending it was "ultra vires of the provisions i.e. Article 239 AA (4) of constitution of India and respondent 1 (Centre) does not have jurisdiction over matters connected with services of bureaucrats to be appointed".
The petition was mentioned by advocate V.K. Anand before a division bench of Justice B.D. Ahmed and Justice Sanjeev Sachdeva who posted it for hearing on Wednesday.
The PIL filed by advocate Vibhor Anand also sought to quash the appointment of senior bureaucrat Shakuntala Gamlin as acting chief secretary by the lt.governor, contending that it was "illegal".
"As per section 41 of the GNCT Act 1991, the lt. governor does not have any discretion to appoint Gamlin as chief secretary and other such posts, nor is there any special law granted him this discretion," said the petition.
The lt.governor is "duty bound by the aid and advice of the council of minister and the chief minister in all matters that concern the legislative assembly as per article 239 AA (4) of Constitution of India and section 41 of Government of National Capital Territory of Delhi Act 1991", the plea further contended.
The petition highlighted a Supreme Court constitution bench judgment in which the phrase "aid and advice" as used in article 239AA has been interpreted "to mean that the aid and advice of the council of ministers and the chief minister is binding on the governor and not just advisory".
The turf war between Chief Minister Arvind Kejriwal and Lt.Governor Jung over control of key bureaucratic appointments was sparked by the appointment of Gamlin as acting chief secretary by the latter.
