LG's Order Terminating Services Of Consultants Can Be Challenged In Delhi HC : Supreme Court Clarifies Order Refusing To Stay Services Ordinance

The Supreme Court on Monday (October 30) clarified that it had not dealt with the legality of the Delhi Lieutenant Governor's order as per which appointments of more than 400 private persons as advisers, fellows, and consultants by the Aam Aadmi Party (AAP) government were terminated and the issue could be decided by the Delhi High Court.

The matter arose when a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was informed that the Supreme Court's order dated 20 July 2023 had created certain confusion. The order in question had referred to a 5-judge Constitution Bench the petition filed by the Delhi Government challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 promulgated by the Centre to take away "services" from the control of the Government of National Capital Territory of Delhi. In the same order, the court had also dismissed an Intervention Application (IA) which had sought for interim reliefs including a stay of the NCT Ordinance as it was then. 

The IA had also addressed the court on termination on appointments of specialists/fellows/consultants by the Lieutenant Governor. In its order passed in July, the Supreme court held–

"IA No.130505 of 2023 seeking a stay of the NCT Ordinance is dismissed.”

Clarifying its order, the Apex Court has now stated that while technically the IA was dismissed by the Court, what was dealt with in the order was the prayer for stay of the ordinance. Further, the correctness of the termination of the appointments was not considered. Thus, the Delhi High Court could not be barred from considering a petition challenging the said termination.

CJI Chandrachud said that what weighed with the Court was the principle that a statute cannot be ordinarily stayed and the issue of termination of appointments was not considered.

The bench stated–

"The correctness of the order of letter of termination was not considered. We clarify that the order of this court shall not come in the way of the High Court of Delhi where a Writ Petition has been filed challenging the same."

Case Title: Government Of National Capital Territory Of Delhi v. Union Of India And Ors. W.P.(C) No. 678/2023

Click here to read the order