Tuesday, September 26, 2023

Delhi government, Centre file separate petitions in Supreme Court on administrative control over bureaucrats working in Delhi

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The battle of words between the Lieutenant Governor of Delhi and the Aam Aadmi Party-led government in the national capital took a new turn on Saturday, after the Union of India and the Delhi government moved the Supreme Court separately over the administrative control of services in Delhi. 

The Central government moved the Apex Court against its May 11 verdict delivered by the Constitution Bench, which held that the Delhi government had ‘legislative and executive power’ over services in Delhi.

On the other hand, the Delhi Government moved the Supreme Court against the ordinance brought out by the Centre on Friday, giving the power to decide on the postings and transfers of all Group A officers and officers of DANICS serving in Delhi to the Lieutenant Governor.

The Central government had brought an ordinance yesterday, proposing to create a National Capital Civil Service Authority, to be headed by the Chief Minister of Delhi, and comprising the Chief Secretary and the Home Secretary of Delhi government. 

Stating that the national capital belonged to the entire nation and the entire nation was vitally interested in the governance of the national capital, the ordinance said it was in the larger national interest that people of the entire country have some role in the administration of the national capital through the democratically-elected Central government.

The notification said a permanent authority was being formed to give effect to the intent and purpose behind Article 239AA. 

It said any decision taken or any event in the capital of the nation not only affected the residents of the national capital, but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum. The ordinance further said that in case of a difference of opinion, the decision of the LG shall be final.

The Central government, in consultation with the authority, shall determine the nature and categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit, added the notification.

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