A bench headed by Chief Justice G Rohini asked the Delhi government to file a short affidavit within two weeks stating whether Lieutenant Governor (LG) of Delhi approval is required to issue any such notification or not.
During the brief hearing, counsel for petitioner Rajender Prasad, a retired inspector of Transport Department, said the state government had "arbitrarily" issued a notification August 11 setting up a commission of inquiry without prior approval of the LG and sought its quashing.
The counsel replied that under the commission of inquiry Act 1952, the competent authority to take decision on this behalf is LG.
Senior advocate Dayan Krishnan appearing for the Delhi government said this was purely a state subject and under the rules passed by Centre, there is no need to seek LG's approval.
The bench however asked the Krishnan to file a short affidavit within two weeks and posted the matter for further hearing on September 23.
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