The case of transfer-posting of officers in Delhi again reached the Supreme Court, the central government demanded reconsideration of the decision

New Delhi: The Supreme Court may have decided who will control the officers of Delhi, but the dispute between the Center and the Delhi government is not over yet. The matter of transfer-posting of officers in Delhi has once again reached the Supreme Court. The Central Government has filed a review petition against the decision of the Supreme Court. The Central Government has filed a petition in the Supreme Court demanding reconsideration of the May 11 decision. This step of the Central Government has come at a time when a day earlier, the Central Government has issued an ordinance, regarding which once again the dispute with the Delhi Government seems to be increasing. Let us tell you that in the past, the constitutional bench had given the right of transfer-posting of officers in Delhi to the Delhi government.

In fact, the Central Government had issued an ordinance on Friday with the aim of setting up the ‘National Capital Public Service Authority’ for the transfer of ‘Group-A’ officers of ‘Daniks’ cadre and for disciplinary action against them. Significantly, just a week before the ordinance was issued, the Supreme Court had handed over the control of police, law and order and all other services in the national capital to the Delhi government. However, Delhi Chief Minister Arvind Kejriwal had alleged earlier in the day on Friday that the Center was planning to issue an ordinance to reverse the Supreme Court’s decision.

Uproar again on ‘service’! AAP called the ordinance of the Center ‘unconstitutional’, said- it is an attempt to snatch powers from the Delhi government

The ordinance states that there shall be an authority to be called the National Capital Public Service Authority, which shall exercise the powers conferred on it and discharge the responsibilities assigned to it. The Chief Minister of Delhi will be its chairman in the Authority. Also, it will have the Chief Secretary and the Principal Secretary (Home) as members. The ordinance states, ‘All issues to be decided by the Authority shall be decided by a majority of votes of the members present and voting. The member secretary will verify all the recommendations of the authority.

The Ordinance states that the Authority shall meet at such time and place as may be decided by the Member Secretary with the approval of its Chairman. The Ordinance states, “The Central Government, on the advice of the Authority, shall determine the category of officers necessary for it (the Authority) to discharge its responsibilities and provide suitable officers and staff to the Authority. It states, ‘Notwithstanding any law for the time being in force, the National Capital Public Service Authority shall be empowered to recommend transfers and postings of ‘Group-A’ officers and ‘DANICS’ officers serving in matters connected with the Government of Delhi…but He will not be able to do so with officers serving in other cases.

The ruling Aam Aadmi Party (AAP) in the National Capital Territory of Delhi on the Ordinance issued by the Central Government has termed it as a ‘mischief’ with the Supreme Court, which in its order of May 11, handed over the control of bureaucrats serving in the Delhi government to its elected government. I was assigned The court had only kept police, law and order and land out of its purview. Delhi’s Public Works Department (PWD) minister Atishi said the Centre’s ordinance “clearly amounts to contempt of court”. He said, ‘The government has gone against the unanimous decision given by the constitution bench of the Supreme Court.

What was the decision of the Supreme Court
In a major relief to the Aam Aadmi Party government, the Supreme Court had unanimously ruled that the Delhi government has legislative and administrative control over services other than public order, police and land. A constitution bench headed by Chief Justice DY Chandrachud of the Supreme Court had said that the bureaucrats should be controlled by an elected government. He said the Union Territory of Delhi has a ‘special’ status and did not agree with Justice Ashok Bhushan’s 2019 judgment that the Delhi government had no right over the services.

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Tags: supreme court