The Supreme Court today agreed to hear the dispute between the central and the Delhi government in connection with the control over administrative services in the national capital.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, mentioned the matter for urgent listing before a bench headed by Chief Justice N.V. Ramana. The bench, also comprising Justices A.S. Bopanna and Hima Kohli, scheduled the matter for hearing on March 3.
A two-judge bench headed by Justice A.K. Sikri and comprising Justice Ashok Bhushan of the apex court, in February 2019, delivered a split verdict on the question of powers of the Delhi government and the Centre over services and referred the matter to a 3-judge bench.
Justice Bhushan held that the Delhi government had no power over ‘services’, while Justice Sikri, took the middle path.
The Delhi government had contended that the Centre had excluded the elected government in the capital from exercising any administrative control over the officers. The government further argued that officers are continuing to act on the orders of the central government through the Lieutenant Governor (LG).
Justice Sikri concluded that files on the transfers and postings of officers in the rank of Secretary, Head of Department and Joint Secretary could be directly submitted to the Lieutenant-Governor (L-G). Justice Bhushan said Entry 41 of the State List in the Seventh Schedule of the Constitution, dealing with ‘State Public Services,’ was outside the purview of the Delhi Legislative Assembly.
Justice Sikri said for DANICS (Delhi, Andaman Nicobar Islands Civil Service) cadre, the files could be processed through the Council of Ministers led by the Chief Minister to the L-G. Justice Sikri had said the situation in Delhi was “peculiar.”
The February 2019 judgment followed a Constitution Bench verdict in July 2018, where the bench held that L-G was bound by the aid and advice of the Council of Ministers of the National Capital Territory government.
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