New Delhi: A day after the Supreme Court decision on the issue of who controls the bureaucracy in the national capital, the Delhi government has once again reached the Supreme Court alleging that the Centre is not implementing the transfer of its services secretary. The Delhi government has alleged that the central government is not implementing the transfer orders of the state government. The AAP government has demanded an immediate hearing from the court.
Chief Justice D Y Chandrachud said he would constitute a bench to hear the matter next week. This comes a day after the apex court ruled that the Delhi government has legislative and executive powers over the administration of services except for public order, police and land.
Senior advocate A M Singhvi, appearing for the Delhi government, mentioned the matter before a bench of the chief justice and Justice P S Narasimha, saying the top court delivered the judgment just yesterday and now there can be contempt. Under Article 141 of the Constitution, there can be contempt of this court's order and a bench needs to hear this urgently, Singhvi said. "There are saying we will not transfer anybody. I can file contempt in view of the judgement passed yesterday. But it will take time. So kindly list the matter," he said.
Delhi govt removes services secretary Ashish More
Earlier on Thursday, hours after the Supreme Court gave AAP control over the transfer and posting of officers, Ashish More was removed from his post as the Secretary of the Delhi government's Services Department. More will be replaced by the former Delhi Jal Board CEO A K Singh, a 1995-batch (AGMUT cadre) IAS officer. Sources from the Services Department, however, claimed that the order issued by the government was "illegal". According to officials, the Supreme Court had directed the Centre and states to establish a Civil Services Board.
After the landmark judgement, Chief Minister Arvind Kejriwal said there will be a major administrative reshuffle in the government, warning of action against officers who "obstructed" public work.
A five-judge constitution bench headed by the CJI gave a unanimous verdict, putting an end to the dispute between the Centre and the Delhi government. The Supreme Court on Thursday observed that it is unable to agree with Justice Ashok Bhushan's ruling in the split judgement of 2019.
The top court has to decide the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital. It also ruled that the Centre will oversee police and public order.
Govt will have power of transfer-posting of officers
The elected government will have the power of transfer-posting of officers. The apex court asserted that an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.
“If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to government, the collective responsibility is diluted… if officers feel they are insulated to the elected government, they feel they are not accountable,” said the five-judge bench.
Also Read: Delhi govt removes services secretary Ashish More | Know who will take his position
