Issue of Shah's removal as DDCD vice chairperson pending before Prez

New Delhi: The issue of Jasmine Shah's removal as vice chairperson of Delhi government's think tank Dialogue and Development Commission of Delhi (DDCD) is pending before the President of India, the Delhi High Court was informed on Tuesday. Shah was removed from the post for allegedly using the public office for personal political purposes. The office premises were sealed by the state Planning Department following an order passed by Lieutenant Governor V K Saxena on November 17.

The high court was told by the LG and Director (Planning) of the Delhi government, through an affidavit, that the LG referred the matters to the President under Article 239AA (4) of the Constitution due to a difference of opinion with the chief minister on Shah's removal.

Since the matter related to Shah's removal is pending before the President for a decision, it will be prudent for all parties to the case not to take any further action on the issue. Delhi Chief Minister Arvind Kejriwal, despite being aware that the matter was now required to be decided by the President, issued an order on December 8 directing the Planning Department to immediately recall the order by which Shah, an AAP leader, was restrained from discharging his duties at the DDCD, the affidavit said.

The submissions were made in a common preliminary counter affidavit filed by the LG, Director (Planning) of the Delhi government, and Sub Divisional Magistrate (Civil Lines) in the high court in a pending petition of Shah challenging the November 17 order restraining him from discharging his duties as the vice chairperson of DDCD and sealing his office. The matter came up before Justice Prathiba M Singh who listed it for hearing on January 9, 2023.

"It is submitted that the matter is presently under consideration by the President of India in accordance with the procedure enshrined under Article 239AA of the Constitution and until the President of India returns a decision upon the matter, it would be prudent for all the parties before this court to take no further action in the matter," the affidavit, filed under the signatures of Director (Planning), said. It said while the matter stood referred to the President, the chief minister, by way of the December 8 order, proceeded to summarily decide it on merits despite being aware that the issue was now required to be decided by the Rashtrapati Bhavan.

The affidavit was filed pursuant to the high court's November 28 direction asking the parties to file their response to Shah's petition. The DDCD vice chairperson enjoys the rank of a Cabinet minister and is entitled to the perks and privileges of a Delhi government minister like official accommodation, office, vehicle and personal staff. Shah has challenged the November 17 order issued by the Director (Planning) on the LG's request to Chief Minister Kejriwal to remove him from the post of vice chairperson of the DDCD, and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him. Thereafter, on November 26, Deputy Chief Minister Manish Sisodia, the minister in-charge, made a noting upon the file concerning the removal of Shah and disagreed with the opinion expressed by the LG and forwarded it to the CM, who is also the Chairperson of DDCD, the affidavit said.