National

Tussle Over Bureaucratic Control Between Delhi Govt, Centre Reaches SC Again

Earlier, the Centre brought in a special law, making Delhi Lt Governor, who is the Centre's representative, the final arbiter in the matter.

Delhi CM Arvind Kejriwal
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The tussle between Delhi government and Centre to gain control over bureaucrats again reached Supreme Court on Saturday.

According to the report in NDTV, the Centre has filed a petition in the Supreme Court seeking review of its verdict granting the Delhi government control over transfers and appointments of bureaucrats in the national capital. 

It comes a day after Centre brought in a special law, making Delhi Lt Governor, who is the Centre's representative, the final arbiter in the matter.

The Arvind Kejriwal government, meanwhile, has decided to approach the Supreme Court challenging the ordinance passed by the Centre, it said.

The report quoted Abhishek Singhvi, who is the Delhi government's counsel in the services matter, saying that the Delhi government will challenge the new ordinance in the top court.

The ordinance, which comes a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.

According to the Transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor before the May 11 top court verdict.

Earlier in the day, the Delhi government and Lieutenant Governor V K Saxena locked horns over the verdict on services matters, with Chief Minister Arvind Kejriwal alleging a "conspiracy" to overturn the ruling and the LG accusing the AAP dispensation of disregarding rules and procedures.

The ordinance states that "there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it".

The authority will comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who will be the member secretary to the authority, it said.

"All matters required to be decided by the authority shall be decided by majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary," the ordinance said.

"The central government, in consultation with the authority, shall determine the nature and the 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....

"Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A' officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter," it read.

The National Capital Civil Service Authority will meet at a time and place as the member secretary decides with the approval of the chairperson of the authority, as and when required, the ordinance added.
 

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