In view of the difference of opinion, the court send the matter for fresh consideration to a larger bench.
The battle between the Delhi government and Centre on control over transfer and posting of bureaucrats got a split verdict from the Supreme Court on Thursday. In view of the difference of opinion, the court send the matter for fresh consideration to a larger bench.
Other contentious issues such as whether the Delhi government's Anti Corruption Bureau could probe Central government officers deputed with Delhi administration got a clear thumbs up from the two-judge bench of Justices AK Sikri and Ashok Bhushan. The court further held that the AAP-led Delhi government will not have the power to constitute Commission of Inquiry.
There was a little solace that Delhi government could contend with. The two-judge bench allowed the Delhi government to appoint its own public prosecutors in matters pending in courts. In addition, the fixing of minimum rates of agricultural land in terms of its circle rates has been vested with the Delhi government, but with a catch. The Court held that the state will have to refer the decision to the Lieutenant Governor, who being the executive head of Delhi, can either agree or refer the matter to the President in the event of a difference of opinion.
Also, the court adjudged that Delhi government has power under the Electricity Act to nominate directors of power distribution companies and even issue directions through the State Commission.
Ever since the Constitution Bench of the Supreme Court on July 4, 2018 ruled that Delhi government can exercise legislative authority on all subjects other than public order, land, and police (kept out by virtue of Article 239AA of Constitution), the apex court was asked to determine which issues come within the state's jurisdiction and which fall under the Centre's domain.
Delhi has no Public Service Commission or cadre of services of its own. However, there are officers recruited for Union Territories — NCT of Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu, Chandigarh, and Dadra & Nagar Haveli.
Justice Bhushan said, "With regard to services, government of NCT of Delhi can exercise only those executive powers under any law framed by Parliament or it may exercise those powers delegated to it." Of its own, it has no power as all cadre services are controlled by Centre. But Justice Sikri was in favour of devising a just and fair mechanism for the "smooth functioning of the system".
He proposed that transfers and postings of secretaries, HODs and other officers of the level of Joint Secretary and above could be done by the L-G, but for other levels, including DANICS officers, the files may be routed through the Chief Minister to L-G. In case of difference of opinion, the view of the L-G shall prevail, the judge said, He even proposed a Civil Services Board headed by the Secretary (Services) for Grades IV and III officials and by the Chief Secretary for Grades II and I level officers to decide transfer and postings.
In conclusion, the Court expressed hope that there would be harmonious relationship between L-G and Council of Minister. It expected L-G to honour the wisdom of the CoM and clear files expeditiously without sitting on them unduly.
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