The two-judge bench headed by Chief Justice G Rohini clubbed this case with the non-bailable warrant (NBW) issued against the Anti-corruption Bureau (ACB) chief MK Meena with the petition of Delhi government challenging Gazette Notification of Ministry of Home Affairs (MHA) on May 21 related to the powers of Lt Governor.
“The court has also directed both Delhi government and the Centre to not take any coercive step against each other till the pendency of the case, and posted all matters for hearing on Thursday,” said a senior officer of Delhi government.
It is important to note that MHA thorough an order on August 22 had declared the constitution of S N Agarwal Commission, a single judge judicial commission to probe into over Rs 100 crore CNG fitness scam, as ab initio void.
Declaring the commission illegal, the Central government had cited two reasons for the decision - Delhi government is no competent authority to set up the commission as per the Commission of Inquiry Act, 1952, and secondly ACB was already conducting the inquiry into the matter.
The MHA notification on May 21, <g data-gr-id="63">2015</g> was on Lt Governor’s powers regarding appointments and transfer/ postings of bureaucrats under Delhi government. It is important to mention that through this notification MHA has given all the powers of ACB to Lt. Governor contending that ACB was a notified police station and subsequently MK Meena was appointed its chief.
The court also directed the Centre not to take any coercive measures with regard to a recent memorandum by the LG directing all officers to not follow AAP government orders as they were declared “null and void” by the Central government, it also restrained the city government from taking any coercive steps in connection with the Commission of Inquiry proceedings in the CNG fitness scam.
The matter of Commission of Inquiry went to court as even after Central government’s declaration of that being illegal, the commission continued its proceedings and summoned Meena to file charge sheet into the CNG fitness scam which was strongly opposed and criticised by Deputy CM Manish Sisodia.
As Meena did not appear before the Commission, it issued NBW against him and ordered a fine of 30 <g data-gr-id="67">per cent</g> of his salary as punishment. These orders were challenged in Delhi High Court by the MHA.
Delhi Cabinet on August 11 had constituted the commission to complete the proceedings within three months with a mandate to look into all the investigations and developments including wrongful denial of sanctions to prosecute guilty officials by Lt Governor and dereliction of duty in taking action against those involved in the scam.
CNG fitness scam
*MHA <g data-gr-id="76">thorough</g> an order on August 22 had declared the constitution of SN Agarwal Commission, a single judge judicial commission to probe into over Rs 100 crore CNG fitness scam, as ab initio void.
*The Central government had cited two reasons for the decision – Delhi government is no competent authority to set up the commission as per the Commission of Inquiry Act, 1952, and secondly ACB was already conducting the inquiry into the matter.
*The MHA notification on May 21, <g data-gr-id="77">2015</g> was on Lt Governor’s powers regarding appointments and transfer/ postings of bureaucrats under Delhi government.
*As MK Meena did not appear before the Commission, it issued NBW against him and ordered a fine of 30 <g data-gr-id="78">per cent</g> of his salary as punishment.