New Delhi: The Union government has moved Supreme Court against the same court’s judgment that held that the Delhi government has control over all administrative services in the National Capital except those on land, police, and law and order.
On May 11, a five-judge constitution bench headed by Chief Justice of India D.Y. Chandrachud had announced the unanimous decision that the legislative power of the Delhi government would extend to the Indian Administrative Service “and it shall control them even if they are not recruited by the NCT Delhi.”
“Lieutenant Governor shall be bound by the decision of NCT Delhi over services apart from land, police and law and order,” the apex court had said.
The Union government’s review petition at the apex court comes a day after it issued an ordinance to constitute a ‘National Capital Civil Services Authority’ in Delhi.
The ordinance empowers this Authority to decide on the transfer and postings of Group ‘A’ officers and those under the Dadra and Nagar Haveli (Civil) Services, serving the Delhi government.
Crucially, even though this body would comprise the Delhi chief minister, and the Delhi government’s chief secretary and home secretary, it will make recommendations to the Lieutenant Governor of Delhi on transfers, posting, vigilance, and other “incidental matters,” the ordinance said.
This had led to immediate speculation on whether the move was intended to go directly against the Supreme Court’s order.