HC dismisses plea seeking Satyendar Jain's suspension as Delhi cabinet minister
Jul 07, 2022
New Delhi [India], July 7 : A public interest litigation seeking the suspension of Aam Aadmi Party leader Satyendar Jain as a cabinet minister in the Delhi government has been dismissed by the Delhi High Court.
The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the petition moved by Nand Kishor Garg.
The bench, while discussing the PIL, said, " we know our limitations. We have to obey the statutes, rules and notifications. We can not travel beyond that. We are not lawmakers."
The petition had also sought a guidelines for resignation or suspension of a minister if he has been arrested and remain in custody more than 48 hours.
The plea had sought a direction from the Lieutenant Governor to suspend Jain as he has been arrested by Enforcement Directorate (ED) and has been in custody since May 30, 2022 in a money laundering case.
It was also stated that this case is allegedly connected with hawala transactions in the year 2015-2016 with a Kolkata-based firm which is repugnant and inconsistent to the rule of law as Jain is a public servant having a constitutional oath to uphold the rule of law in the interest of the public at large.
"Jain under custody is still enjoying the perks and privileges of cabinet minister despite having been allegedly indicted under the serious charges which may entail severe punishment," the plea stated.
It was stated in the plea that the health minister under custody is neither suspended nor the intendment on the part of the Chief Minister rather the Chief Minister is supporting and giving the clean chit which is again a Constitutional violation of the oath for the supremacy of the Constitution of India.
The petitioner had also stated that the existing factual scenario, in this case, is also contrary to the provision of law applicable to the public servant who is deemed suspended immediately after the custody of more than 48 hours as per Rule 10 of The Central Civil Services (Classification, Control and Appeal) Rules, 1965.
