A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal transferred the petition before another judge, saying this was not the appropriate bench to hear a petition challenging the order of appointment and it should go before the roaster judge.
“List it for March 17. The concerned bench will hear the matter on merit and decided it as per law,” the bench said.
The petitioner, who is an advocate, urged the court to list the issue before the another bench for today itself.
The bench headed by Chief Justice declined the request, saying it will be heard day after tomorrow.
The plea has termed the appointment as “illegal” on the ground that the post of senior standing counsel “doesn’t exist in the eyes of the law”.
The petition, which sought quashing of the notification issued by the Delhi government with regard to the appointment of Mehra and other panel counsel of Delhi government, said it was “bad in law as the same is in violation of the Constitution of India”.
“The Department Of Law, Justice And Legislative Affairs issued notification…appointed respondent No.
5 (Rahul Mehra) as senior standing counsel for all matters of the Delhi….
“No Advertisement for the post, no terms and conditions for appointment, no criteria, no eligibility was made.
No sanction obtained from the Lt Governor of the National Capital Territory of Delhi…,” the petition filed by advocate Chetan Dutt said.
It said that judicial review of the notification was mandatory and required in law.