Supreme Court delivers split verdict on over appointment, transfer of bureaucrats in Delhi: A two-judge bench of the Supreme Court on Thursday delivered a split verdict on the jurisdiction of Centre or Delhi government over appointment and transfer of bureaucrats in Delhi. Justice AK Sikri said transfer and postings of Joint Secretary and above officers are in the domain of Delhi L-G Anil Baijal while other officers fall under Delhi government. Justice Sikri also made it clear that the Anti-Corruption Bureau cannot take action against central government officials.
Speaking on the L-G vs Delhi govt power tussle matter, Lawyer Ashwini Upadhyay said the apex court took the decision on 6 issues and it ruled in favour of Centre in 4 of them. Anti-Corruption Bureau, posting and transfer of Grade 1 and Grade 2 officers, Commission of Inquiry, falls under Centre’s jurisdiction while Electricity department, Revenue department, posting and transfer of Grade 3 and Grade 4 officer will come under Delhi government. In case of difference of opinion, LG’s view will prevail.
In a major jolt to Arvind Kejriwal, Justice Ashok Bhushan said Delhi government doesn’t have any executive power and the top court’s judgment is based on the lines of that of July 4 judgment of constitutional bench.
The Delhi government and the L-G Anil Baijal had several run-ins over bureaucratic appointments, security issues and governance.
On July 4, 2018, a five-judge bench of the Supreme Court comprising Chief Justice of India Dipak Misra, justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan had ruled that there was no room for absolutism and anarchy in the Constitution and a balance must be struck to achieve the goals of cooperative federalism by working harmoniously, reports said.