Centre vs Delhi govt: AAP challenges MHA notification in HC, Centre moves SC

Kejriwal government has challenged in Delhi high court Centre's notification giving lieutenant governor absolute powers in appointing bureaucrats. (File photo)

Kejriwal government has challenged in Delhi high court Centre’s notification giving lieutenant governor absolute powers in appointing bureaucrats. (File photo)

NEW DELHI: The tussle for power between Delhi lieutenant general Najeeb Jung and the Arvind Kejriwal government will now play out in the courts.

Both sides on Thursday knocked the doors of the courts.

While the Kejriwal government challenged Centre’s notification giving lieutenant governor absolute powers in appointing bureaucrats in Delhi high court, the Centre moved Supreme Court against an earlier Delhi high court order calling its notification ‘suspect’.

The two petitions will be heard on Friday.

Throwing its weight behind Delhi lieutenant governor Najeeb Jung in his tussle with chief minister Arvind Kejriwal, the Centre had unambiguously declared that the LG was not obliged to heed the AAP government on bureaucratic postings and transfers.

READ ALSO: Sorry, your writ doesn’t run over officers — Centre to Kejriwal

The Centre issued a notification emphasizing that in matters concerning central services; that is, IAS, IPS, DANICS and DANIPS, the LG’s discretion is paramount, thus rebuffing Kejriwal’s contention that Jung could not act independently of the state government in matters concerning transfers and postings of central officers deputed to Delhi government.

The Centre’s notification also made it clear that the jurisdiction of Anti-Corruption Branch (ACB) police station of Delhi government was restricted only to employees and officers of the Delhi government and did not extend to “officers, employees and functionaries of the central government”, thus eliminating the room for any possible action by the Kejriwal-backed department against anyone who is not part of the state government.

However, Delhi high court in a ruling on the issue backed the AAP government’s stand and called the Centre’s notification a ‘suspect’.

READ ALSO

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The Centre today challenged this order in Supreme Court.

Appearing before a bench of Justices A K Sikri and UU Lalit, additional solicitor general Maninder Singh said that the HC order had brought complete uncertainty in the national capital.

Singh contended that the high court had erred in adjudication the issue regarding the competence of ACB without issuing notice and hearing the stand of Centre.

TOI | May 28, 2015

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