Delhi High Court seeks response from LG Vinai Kumar Saxena on plea by AAP's Jasmine Shah against shutting him out of DDCD

The Delhi High Court on Monday sought formal response from Delhi Lieutenant Governor (LG) Vinai Kumar Saxena on a plea Aam Aadmi Party (AAP) politician Jasmine Shah challenging the LG's order restricting him from discharging the functions of vice-chairman of Dialogue and Development Commission of Delhi (DDCD)..Single-judge Justice Prathiba M Singh said that it will examine the LG's response, before deciding whether he could have passed an order like that. The Delhi government counsel told the Court today that LG's request to remove Shah has not been acceded to and the planning department has been ordered to rescind its order closing Shah's office and withdrawing facilities accorded to him.The court was told that Deputy Chief Minister Manish Sisodia has sent the file with his decision to the LG.Additional Solicitor General (ASG) Sanjay Jain and advocate Arkaj Kumar appeared for the LG and told the court that there are 'larger issues' involved in the case.The ASG also contested the proposition that the matter has attained finality in view of Sisodia's decision as the file is still with the LG who will opine on the same and take action in accordance with the constitutional scheme. The judge said she cannot deal with the issues without having affidavits on record and asked the respondents to file affidavits before the next date of hearing.The Court also sought responses from the Director (Planning) Govt of NCT of Delhi and the local sub-divisional magistrate (SDM). .According to news reports, Shah's office was locked and his official vehicle was also taken away following LG's order.The LG also asked CM Arvind Kejriwal to sack Shah for allegedly “misusing his office for political purposes".The action was taken after BJP MP Parvesh Singh Verma lodged a complaint alleging that while working as the vice-chairman of Delhi government think tank, DDCD, Shah “acted as official spokesperson of AAP for political gains, in violation of established procedures”..The AAP politician then moved the High Court challenging the LG's actions. In his plea, the AAP politician also challenged the decision of the chamber of the Director (Planning), Delhi Government, who ordered locking of Shah's office and withdrawing all staff and facilities provided to him.The plea argued that in terms of the constitution of the DDCD, the sole supervisory jurisdiction and authority over the appointment and discharge of functions of the office of DDCD lies with the Delhi cabinet and the Chief Minister.LG does not have any jurisdiction to take cognizance of the complaint or to seek the Shah's explanation or pass any directions on the same, it stated."The Petitioner further submits that the entire basis of the proceedings against the Petitioner that he has misused his office as Vice Chairperson, DDCD by appearing in television debates on behalf of the Aam Aadmi Party is fallacious and misconceived," the plea said.It added,"It is submitted 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. In such a system, while policy is decided by elected leaders or the “political executive”, policy decisions are implemented or administered by the Government servants or the "permanent executive".