Tussle over transfer and posting of officers continues in Delhi government after SC verdict

Arvind Kejriwal wrote a letter to the lieutenant governor Anil Baijal appealing his cooperation in the development of Delhi on Thursday.

Delhi CM Arvind Kejriwal (File | PTI)

NEW DELHI: A day after the Supreme Court verdict over power distribution in the national capital, chief minister Arvind Kejriwal wrote a letter to the lieutenant governor Anil Baijal appealing his cooperation in the development of Delhi on Thursday.

Kejriwal also in the letter stated that the powers to transfer and appoint officials lies with the Council of Ministers and that the Union Home Ministry's notification in 2015 is "infructuous" after the SC verdict.

This comes a day after the services department rejected an order issued by the Delhi government yesterday on transfer and posting saying it is 'legally incorrect'. After the SC verdict, the Deputy Chief Minister Manish Sisodia, who has the services portfolio with him, stated that Kejriwal would be henceforth the final authority in transferring officials, the department within hours replied back by stating that a separate bench is hearing the case and the notification has not been squashed so far. The Chief Minister also sought time to meet Baijal in person to discuss the matter.

"The Supreme Court's order has clearly stated that barring three subjects- land, public order and police in these cases the central government has executive powers to take decisions. Barring these, taking decisions in all the other departments the power lies is with elected Delhi government. Now, this would be a first such instance where officials are rejecting to follow the directives of the court, which is a contempt of court" said AAP Sisodia.

Kejriwal in his letter wrote that "It is clear from the Supreme Court order that the Central government have executive power only in three subjects. On all other subjects, executive power lies with the Council of Ministers (COM). Therefore, the executive power related to 'service' lies with the COM. Whereas, the MHA notification has not been quashed specifically, which shall now be done by the division bench of the Supreme Court, however, the said notification becomes infructuous in the light of such clear orders from the Supreme Court".

Meanwhile, Union Minister Arun Jaitley has written a blog said that the Supreme Court verdict has made it clear that the Delhi government has no police powers and, hence, it cannot set up an investigating agency to probe crimes committed in the past. "The Supreme Court has held categorically that Delhi cannot compare itself at par with other States and, therefore, any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi government would be wholly erroneous," the minister said.

"The judgement elaborates at length the constitutional philosophy behind the Constitution and reaffirms precisely the text of what the Constitution says. It does not add to the powers of the State Government or the Central Government nor does it in any way dilute the same. It emphasises at the importance of elected State Government, but Delhi being a Union Territory makes its powers subservient to the Central Government" Jaitley added.