A PIL seeking the suspension of Aam Aadmi Party leader Satyendar Jain as a cabinet minister in the Govt of Delhi has been dismissed by the High Court of Delhi.
The division bench of Chief Justice Satish Chandra Sharma & Justice Subramonium Prasad dismissed the plea moved by Nand Kishor Garg.
The plea had sought a direction from the Lieutenant Governor to suspend Jain as he has been arrested by Enforcement Directorate (ED) & has been in custody since May 30, 2022 in a money laundering case.
It was also said that this case is allegedly connected with hawala transactions in the year 2015-2016 with a Kolkata-based firm which is repugnant & 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.
The plea said that "Jain under custody is still enjoying the perks & privileges of cabinet minister despite having been allegedly indicted under the serious charges which may entail severe punishment".
It was said in the petition 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 & 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 & Appeal) Rules, 1965.
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(With input from news agency language)
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