Delhi LG’s Reference To President On Removal From Post Of DDCD Vice Chairperson Not As Per Law: Jasmine Shah To High Court

Dialogue and Development Commission of Delhi (DDCD) Vice Chairperson Jasmine Shah on Thursday told Delhi High Court that reference made by Lieutenant Governor Vinai Kumar Saxena to the President of India regarding the issue of his removal from the post was not as per law.

Justice Prathiba M Singh was hearing Shah’s plea against LG's decision asking Chief Minister Arvind Kejriwal to remove him from the post and restricting him from discharge of functions as the V-C in the meantime.

In an order conveyed through Director (Planning) Vijendra Singh Rawat on November 17 last year, the LG had requested Kejriwal to remove Shah from his post for allegedly misusing the public office for political activities. 

Pending the decision of the Chief Minister, Shah was restricted by the LG from using his office space and the staff and facilities assigned to him were also withdrawn.

The LG and Delhi's Director (Planning), in a preliminary counter affidavit, stated that the matter regarding Shah’s removal from the VC post was referred for a decision by President of India, due to the difference of opinion between LG and Chief Minister.

During the hearing today, Senior Advocate Rajiv Nayar appearing for Shah submitted that proper procedure was not followed by LG in referring the matter to the President of India.

He submitted that neither the LG nor the Director of Planning had the power to pass the order of his removal and restricting him from discharging functioning as Commission’s VC.

Nayar contended that the consultation with Council of Ministers was missing in the matter and that the issue falls “squarely within the scope of appointment of Delhi Government.”

“We have a situation where I have prima facie shown that except for entry 1, 2 and 18, the power is with the legislative assembly. It is squarely within the scope of appointment of Delhi Government. The impugned order itself recognizes that Chief Minister alone can remove,” he said.

As Nayar concluded his arguments today, Justice Singh listed the matter for hearing next on March 15 for submissions on behalf of ASG Sanjay Jain.

In September, 2022, BJP MP Pravesh Sahib Singh had filed a complaint alleging that Shah was acting as official spokesperson of the Aam Aadmi Party before the media, and called it a misuse of public office.

Shah, who was appointed as the chairperson of the government think tank in 2020, was issued a show cause notice by the Director of Planning Department for alleged "misuse of public resources" for political activities. 

Shah had chosen to submit his response to the Chief Minister through Deputy Chief Minister/Minister (Planning). The LG had earlier sought a copy of the reply from the Chief Minister's office but the same was not provided, according to the planning department.

Defending his political activities, Shah in his petition has argued that the expectation of 'political neutrality' is only associated with 'government servants' who constitute the 'permanent executive' in a parliamentary system of democracy such as the one adopted by India.

He has also said that he has never used the official premises of the DDCD for any television debate or media interaction "as alleged in the complaint, and rubber stamped in the impugned order".