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DANICS, DANIPS officers in national capital under Delhi govt control: AAP govt in Supreme Court

The Delhi government on Wednesday told the Supreme Court that officers of the DANICS and DANIPS cadres posted in the national capital are controlled by it and has powers to order their transfer and postings.

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Delhi Chief Minister Arvind Kejriwal, PTI
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The Delhi government on Wednesday told the Supreme Court that officers of the DANICS and DANIPS cadres posted in the national capital are controlled by it and has powers to order their transfer and postings.

The Aam Aadmi Party (AAP) government said DANICS and DANIPS officers are not controlled by the Centre through the lieutenant governor (LG) as long as they are posted in the national capital.

A bench of justices A K Sikri and Ashok Bhushan was told by senior advocate P Chidambaram, appearing for the Delhi government, that the LG cannot control or order the transfer and posting of such officers.

"DANICS and DANIPS are common cadre and the cadre rules says that they will be controlled by the Delhi government as long as they are posted in the national capital. The LG does not control the services. He cannot control or order their transfer or postings," Chidambaram said.

He said DANICS and DANIPS cadre officers are also posted in the Union Territory of Andaman and Nicobar Islands, but as they are working in the national capital, they will be under the Delhi government's control.

"If DANICS and DANIPS officials are posted out of Delhi, then they go out beyond my control. That's the cadre rule which says the officials will be controlled by the government of the state in which they are posted," the senior lawyer said.

On the outset, senior advocate Kapil Sibal, also appearing for the Delhi government, said, "Our Constitution is that executive powers of the Union will not interfere with the legislative powers of the assembly." "It cannot interfere except for matters related to three subjects of land, police and public order," he said.

The bench, asked Sibal that in case of absence of any legislation, who will prevail and will it not be the central government.

He replied that the executive powers of the Union shall be in consonance with the legislative assembly and that the five judge Constitution Bench verdict on July 4, has already said this on the powers of the LG.

The court said the sum and substance of the arguments is that except for the three subjects of land, police and public order, where there is a legislation, the Union of India has no role.

Sibal said the LG in its discretion has power to disagree, but in that case, the matter has to be referred to the President.
"The LG is bound by aid and advice of the government and he is the executive head of the government. Therefore, every law is passed in his name," he said.

Referring to the Constitution bench verdict, Sibal said it has been held that the LG has no independent decision making power.

"The LG can use his discretionary powers only in three subjects of land, police and public order and where the legislative power of Delhi does not exist," he said.

The hearing remained inconclusive and would continue tomorrow.

On July 18, the AAP government had told the apex court that its functioning is "completely paralysed" and it cannot order transfer or posting of officers despite the recent Constitution bench verdict on the national capital's administration.

"Functioning of the government is completely paralysed. We cannot post officers, we cannot transfer officers despite the recent constitution bench verdict which has explained every aspect. These issues needs to be adjudicated at the earliest," Chidambaram, appearing for the Delhi government, had said.

A five-judge Constitution Bench had on July 4 laid down broad parameters for the governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government since the AAP came to power in 2014.

The bench had clarified that issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers would be dealt with separately by an appropriate smaller bench.

The five-judge bench had said in a landmark verdict unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the LG, saying he has no "independent decision making power" and has to act on the aid and advice of the elected government. There were two LGs -- incumbent Anil Baijal and his predecessor Najeeb Jung -- with whom Chief Minister Arvind Kejriwal was at loggerheads. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the Centre. 

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