The AAP-led Delhi government on Friday approached the Supreme Court alleging that the Centre is not complying with its order to transfer the services secretary and in violation of the apex court’s ruling granting the government control over its officers a day earlier. The Delhi government has warned that the Centre’s non-compliance could amount to contempt of court.
“The top court delivered the judgment just yesterday and now there can be contempt,” said Senior advocate A M Singhvi, appearing for the Delhi government, as he mentioned the matter before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha.
“Under Article 141 of the Constitution, there can be contempt of this court’s order and a bench needs to hear this urgently,” Singhvi added. “They are saying we will not transfer anybody. I can file contempt in view of judgement passed yesterday. But it will take time. So kindly list the matter,” he further explained.
The Chief Justice said he will consider listing the matter next week.
A five-judge constitution bench led by Chief Justice Chandrachud stated on Thursday, “The ideal conclusion would be that GNCTD (Government of National Capital Territory of Delhi) ought to have control over ‘services’, subject to exclusion of subjects which are out of its legislative domain. If services are excluded from its legislative and executive domain, the ministers and the executive, who are charged with formulating policies in the territory of NCTD, would be excluded from controlling the civil service officers who implement such executive decisions.”
According to the Supreme Court ruling, it is deemed appropriate for a democratically elected government in Delhi to have jurisdiction over its officers, while the lieutenant governor (L-G) is required to follow the advice of the elected government in all areas except public order, police, and land.
Ashish More, secretary of the Delhi government’s Services Department, was removed from his post on Thursday, hours after the Supreme Court gave the AAP dispensation control over the transfer and posting of officers in the city.
Former Delhi Jal Board CEO A K Singh, a 1995-batch (AGMUT cadre) IAS officer, will replace More.
The court emphasised that if the government is unable to exercise authority and hold accountable the officers appointed in its service, then its responsibility towards the legislature and the public is diminished.
The five-judge constitution bench, including Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, opined that in a democratic form of government, the elected arm of the state must hold the real power of administration, within the confines of the Constitution.
According to the top court, an unaccountable and non-responsive civil service can create a significant governance problem in a democratic system. This could result in the unelected civil service officers, who play a crucial role in the execution of government policy, acting in ways that ignore the will of the electorate, it stressed.
(With inputs from PTI, IANS)
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