A bench of justices Badar Durrez Ahmed and Ashutosh Kumar referred to the August 4 judgement passed by a division bench of the high court and said these issue have already been dealt with in the verdict.
"It is, therefore, clear that the arguments sought to be raised before us was also raised before the division bench 1 (which had delivered the August 4 judgement)....And the said arguments were rejected. The division bench has clearly held that directions in the said notifications (issued by Centre) were neither illegal nor unconstitutional," the bench said.
During the hearing, Additional Solicitor General (ASG) Maninder Singh said the issues raised in the two petitions have already been dealt with in the August 4 judgement and the matter is now pending before the Supreme Court.
The advocates appearing for the two petitioners contended that the issues raised by them were different and were not dealt with in the verdict.
It had held that service matters fell outside the purview of the Legislative Assembly and the Centre's May 21, 2015 notification barring the ACB from proceeding against Central Government employees was "neither illegal nor unconstitutional".
The Supreme Court is likely to hear tomorrow a batch of six appeals filed by Arvind Kejriwal-led AAP government, challenging Delhi High Court verdict that the LG is administrative head of the national capital.
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