The Supreme Court said that the Delhi lieutenant governor “cannot stultify” the government, and asked him not to delay the appointment of a chairperson for the Delhi Electricity Regulatory Commission, Bar and Bench reported on Monday.
A bench comprising Chief Justice of India DY Chandrachud with Justices PS Narasimha and KV Viswanathan was hearing a plea moved by the Delhi government challenging the delay of over five months in appointing retired Madras High Court judge Rajeev Shrivastava for the position.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, told the Supreme Court that Lieutenant Governor VK Saxena had been delaying his decision saying that he requires legal opinion to ascertain if the agreement of the Chief Justice of the Delhi High Court was required to make the appointment, reported Live Law.
However, Singhvi told the court that under Section 84(2) of the Electricity Act, consultation with the Chief Justice of the parent High Court of the person sought to be appointed is required.
“If the person who is being appointed was a judge from Madras High Court, then who will be consulted,” Chief Justice Chandrachud said, reported Live Law. “It will be the Chief Justice of the Madras HC. Why would it be any other High court?”
Chief Justice Chandrachud said: “The governor cannot stultify a government like this.”
The bench directed Saxena to process the appointment within two weeks.