Delhi HC Stays Govt Order Transferring Chairperson, Members Of Child Welfare Committees [Read Order]

Justice Navin Chawla stayed the office order dated December 5, 2019 after the chairperson of a Committee (CWC-III) and six members of various other CWCs moved court saying their transfer amounts to removal without any inquiry as per Section 27(7) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In their petition filed through advocates Nachiketa Goyal, Krishna Vijay Singh and Ankur Khandelwal, the aggrieved Chairperson / Members of CWCs contended that, "The impugned office order is illegal and cannot curtail their 'tenure posts'. It was contended that each Chairperson and Member has been appointed for a fixed term of three years at a particular CWC by way of gazette notification issued in the name of the Lt. Governor of NCT of Delhi in terms of section 27(1) read with section 2(59) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Rules framed thereunder and the government cannot supersede the gazette notification by way of an office order approved by the Deputy Chief Minister of Delhi".

The petitioners also alleged that the impugned order has been passed as a "counter blast to the serious irregularities found by certain CWCs during visits at the Child Homes for Girls, Nirmal Chhaya Complex operated by the state government" since the Act does not provide for transfer of chair or members of CWC.

The Additional Standing Counsel, on the other hand, countered the allegations saying Rule 93 of the Juvenile Justice Model Rules, 2016 provides that in case any officer/institution, statutory body etc., fails to comply with the provisions of the Act and the Rules framed thereunder, the State Government can take action against such officer/ institution, statutory body etc. after due inquiry and simultaneously make alternative arrangements for discharge of functions for effective implementation of the Act.

He said the December 5 order was passed to make alternate arrangements only.

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With the State submitting that since no show cause notice has been issued to the petitioners, no enquiry can be said to be pending against them, the court stayed the December 5 order till February 6.

The court, however, clarified that the stay shall not bar the State from acting in accordance with law, if it so desires.