The Supreme Court on Thursday declined to entertain the plea filed by the Delhi government, challenging Lieutenant Governor V K Saxena’s decision to terminate the services of all civil defence volunteers employed as marshals in DTC buses. Saxena’s action added to the ongoing hostilities between the Arvind Kejriwal government and the lieutenant governor (LG).
Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, acknowledged the submissions made by senior advocate Abhishek Singhvi, representing the AAP government. The bench directed Singhvi to approach the Delhi High Court, emphasizing that the High Court should promptly decide on the petition.
Singhvi argued that essential schemes enhancing the government’s popularity were being obstructed. He questioned the LG’s authority in terminating the services of marshals, stating, “Does this (terminating services of marshals) fall under LG? How can he stop it?”
However, Chief Justice Chandrachud responded, “But why should we entertain it under Article 32 (of the Constitution)? Let the Delhi High Court deal with it. We have already dealt with constitutional matters (legal tussle between government and LG for control over services).”
The petition sought the re-operationalization of the bus marshal scheme. The Chief Justice expressed that the appropriate course of action would be for the petitioner to approach the High Court. He added, “In the event the petitioner approaches the high court, the high court shall take it up expeditiously.”
On October 27, the LG had approved a proposal to terminate the services of all civil defence volunteers, effective November 1. Saxena also instructed Chief Minister Arvind Kejriwal to consider recruiting the terminated civil defence volunteers as home guards. This development occurred after the chief minister instructed Delhi Home Minister Kailash Gahlot to appoint civil defence volunteers as home guards and assign them as bus marshals.
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