Justice Rajiv Shakdher of high court while issuing notice to the central government on Kejriwal government's plea, sought home ministry to file the practice followed in past on posting of officers in Delhi and other union territories.
The Centre on Friday received a shot in the arm from Delhi high court and the Supreme Court over the battle between the AAP government and the Union home ministry of appointing senior bureaucrats in Delhi.
While hearing the Aam Aadmi Party government's plea for qaushing of the MHA notification, the high court refused to stay notification, which has given the Lt Governor primacy in the administrative mechanism of the capital.
Meanwhile, earlier in the day, the apex court refused to stay the high court judge's observations in a recent order, which had termed the Centre's notification as 'suspect', saying they were 'only tentative in nature' without expressing any opinion on its validity.
Justice Rajiv Shakdher of high court while issuing notice to the central government on Kejriwal government's plea, sought home ministry to file the practice followed in past on posting of officers in Delhi and other union territories.
"What was happening in the past? Was the earlier government (Delhi government) allowed to move officers? I want factual data as to how it has been carried in the past in Delhi and other Union Territories," the court said, sought Union of India's affidavit in this regard by August 11.
A battery of lawyers including senior advocates Indira Jaising, HS Phoolka, Dayan Krishnan appeared for the city government in the case.
During the argument, Jaising challenged the 'constitutional validity' of the notifications saying as a consequence the day-to-day functioning and administration of the Delhi government is being hampered. Meanwhile, dealing with the Centre's plea seeking stay on the high court's May 25 judgment which termed as suspect the notification, the Apex Court sought Delhi government's response in three weeks and decided to examine court order on the jurisdiction of NCT government's anti-corruption branch to arrest policemen.
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