"This petition should not be allowed," a bench of Chief Justice G Rohini and Justice Jayant Nath was told by the AAP government counsel.
The Aam Aadmi Party government has sought dismissal of a plea from Delhi High Court against their decision to set up a commission to probe allegations of corruption in awarding licence to conduct CNG fitness tests.
"This petition should not be allowed," a bench of Chief Justice G Rohini and Justice Jayant Nath was told by the AAP government counsel.
Through the plea, MA Usmani, whose name figures in an FIR registered by the Anti-Corruption Branch (ACB), has sought quashing of the Delhi government notification to set up a probe commission in the CNG fitness certificate scam.
Delhi government, however, said at this stage it cannot be said that Mr Usmani is "aggrieved" with the decision and his petition should be "dismissed with heavy cost".
Mr Usmani, a DANICS cadre officer who was arrested following an FIR registered by ACB, had sought interim stay on the commission, saying no prior approval of the Lieutenant Governor was taken before the notification was issued.
He had argued that the Lieutenant Governor has already chosen not to act by denying the prosecution sanction while the Ministry of Home Affairs has also opted not to act in the matter.
The officer had pointed out that the notification issued on August 11, 2015, by Delhi government to constitute the commission of inquiry to investigate the scam violated laid-down procedures and was against the provisions of law.
Mr Usmani was posted as Deputy Commissioner, Transport, for Delhi government when he was arrested by the ACB. He remained in custody for 58 days, after which he was granted bail.
On August 19 last year, a retired transport department official Rajender Prasad had also moved high court seeking quashing of the same notification.
Mr Usmani's plea has been tagged with the cases arising out of the spat between the Lieutenant Governor and Delhi government, by the bench headed by the Chief Justice. There are around 11 such cases pending in the high court.
In one of the cases, the Delhi government had on May 28 last year approached the high court challenging the Centre's notification of May 21 giving the Lieutenant Governor absolute powers to appoint bureaucrats in the city.
It had also challenged the July 23, 2014, notification limiting ACB jurisdiction to Delhi government officials only.