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IndiaPosted at: Aug 4 2016 12:45PM


LG ADMINISTRATIVE HEAD OF NATIONAL CAPITAL TERRITORY: DELHI HC

LG ADMINISTRATIVE HEAD OF NATIONAL CAPITAL TERRITORY: DELHI HC
New Delhi, Aug 4 (UNI) In a major setback to the AAP government, the Delhi High Court today said that the Lieutenant Governor (LG) is the administrative head of National Capital Territory. After hearing in detail argument from both the Delhi government and from other parties, a division bench, comprising Delhi High Court Chief Justice G Rohini, and Justice Jayant Nant, said, "LG is the administrative head of National Capital Territory." The division bench said that decisions taken by the Delhi government without consulting the LG were illegal. The court also rejected the AAP government’s submission that the LG is bound to act on advice of Council of Ministers, after noting that these were without any substance and cannot be accepted. The court said the May 21, 2015, notification of Centre barring the ACB from proceeding against Central Govt employees is neither illegal nor unsustainable. The court also made it clear that the AAP government’s order appointing Commission of Inquiry in the CNG fitness scam and DDCA scam were illegal since the same was issued without the advice of LG. The court, in its order, said that the policy directions cannot be issued without consulting the L-G for his views. The HC also said the central services outside, the purview of the Delhi government, cannot be investigated by the ACB. The court, however, maintained that though the L-G is competent to appoint special public prosecutors, the power has to be exercised on aid and advice of the council of ministers. After the court passed the order, the AAP government’s counsel said they will file an appeal in the Supreme Court against the order immediately. UNI XC AKC ADG 1245
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