SC| Delhi Govt seeks constitution of larger bench to decide the issue of who controls the services in Delhi

Supreme Court: CJI Ranjan Gogoi has said that the Court will look into the plea of the Government of NCT of Delhi has sought constitution of a larger bench to expeditiously decide the issue of who controls the services in Delhi.

The bench of Dr. AK Sikri and Ashok Bhushan, JJ had, on February 14, put an end to ‘almost’ all the issues related to the powers exercisable by and functions of the elected Government of National Capital Territory of Delhi (GNCTD) vis-a-vis the Central Government. However, the judges differed on the question relating to ‘Service matters’.

While both the judges agreed that Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Delhi Legislative Assembly as Entry 41 of List II deals with ‘State Public Services’ and ‘State Public Service Commission’ and that State Public Service Commission does not exist in NCTD, they differed on the issue of power to transfer and appoint certain officers.

Justice Sikri Justice Bhushan
The transfers and postings of Secretaries, HODs and other officers in the scale of Joint Secretary to the Government of India and above can be done by the Lieutenant Governor and the file submitted to him directly. For other levels, including DANICS officers, the files can be routed through the Chief Minister to Lieutenant Governor. In case of difference of opinion between the Lieutenant Governor and the Chief Minister, the view of the Lieutenant Governor should prevail and the Ministry of Home Affairs can issue a suitable notification in this regard. I having held that Entry 41 of List II of the Seventh Schedule of the Constitution is not available to the Legislative Assembly of GNCTD, there is no occasion to exercise any Executive power with regard to “Services” by the GNCTD, since the Executive power of the GNCTD as per Article 239AA(4) extend in relation to matters with respect to which Legislative Assembly has power to make laws. With regard to “Services” GNCTD can exercise only those Executive powers, which can be exercised by it under any law framed by the Parliament or it may exercise those Executive powers, which have been delegated to it.

To read the full report report on February 14 verdict, click here.

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