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This Article is From May 12, 2023

Centre Defying Verdict On Bureaucrats, Delhi Tells Supreme Court

The Delhi government said the centre was obstructing the transfer of a bureaucrat that they had ordered immediately after the Supreme Court's landmark judgment.

Centre Defying Verdict On Bureaucrats, Delhi Tells Supreme Court
The city's government said the centre may be held liable for contempt of court.
New Delhi:

A day after the Supreme Court ruled that the Delhi government and not the centre will handle the appointment of bureaucrats in the capital's administration, the years-long stand-off returned to the court again after the transfer of an official was blocked.

Arvind Kejriwal's Aam Aadmi Party (AAP) government has approached the Supreme Court, alleging that the BJP-led government at the centre was obstructing the transfer of a bureaucrat that they had ordered immediately after the Supreme Court's landmark judgment.

The city's government said the centre may be held liable for contempt of court.

Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, mentioned the matter before Chief Justice DY Chandrachud and Justice P S Narasimha, saying the top court delivered the judgment just yesterday and the centre now appeared to be defying it.

Chief Justice Chandrachud said he will list the case next week.

Sources in the central government, however, denied the charge and claimed that implementing the Supreme Court's directions would need for the centre's notification to be withdrawn.

"To implement Supreme Court directions, notification issued by the centre needs to be withdrawn. Then only new directives would set in," a senior officer said, adding that Mr Kejriwal appeared to be "in a hurry for no reason".

"It's a process which is being complied with, and it is being done. What is the hurry?" he said, requesting not to be named.

A Delhi government official, however, disagreed that the process had to be long-drawn.

"Court orders are clear and the Home Ministry notification automatically becomes infructuous. There is a deliberate delay by the centre to implement the court's order," the officer said.

In a big win for the Arvind Kejriwal-led Aam Aadmi Party (AAP) government, a Constitution Bench of the Supreme Court in a unanimous verdict gave the Delhi assembly powers to legislate to represent the will of the people.

In a democratic form of governance, the real power of administration must rest on the elected arm of government, said the bench, adding that the central government's power in matters in which both the Centre and states can legislate "is limited to ensure that the governance is not taken over by the Central government".

Before the verdict of the court, the Services Department was under the control of Delhi's Lieutenant Governor.

Hours after the judgment, the Kejriwal government removed the Secretary of the Delhi government's services department, Ashish More. Former Delhi Jal Board CEO A K Singh, a 1995-batch (AGMUT cadre) IAS officer, will replace More.

Chief Minister Arvind Kejriwal, in a press conference, said there will be a major administrative reshuffle in the government, warning of action against officers who "obstructed" public work.

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