The Delhi government on Wednesday told the Supreme Court that its functioning is “completely paralysed” and it is not able to order the transfer or posting of officers despite the Constitution bench’s July 4 judgement on the national Capital’s administration.
A bench of Justices AK Sikri and Navin Sinha heard the matter on Wednesday and said that it will next be taken up on July 26, PTI reported.
“Functioning of the government is completely paralysed,” senior advocate and Congress leader P Chidambaram, appearing for the Delhi government said. “We cannot post officers, we cannot transfer officers despite the recent Constitution bench verdict which has explained every aspect. These issues needs to be adjudicated at the earliest.”
Earlier this month, the Supreme Court ruled that the lieutenant governor was bound by the “aid and advice” of the council of ministers of the Delhi government in all matters under its jurisdiction – that is, everything except land, police and public order. The judgement, delivered by a Constitution bench, was widely seen as a victory for the Aam Aadmi Party, which had been accusing the Centre of stalling the work of the party’s Delhi government through the lieutenant governor’s office.
Lieutenant Governor Anil Baijal, backed by the Union Home Ministry, has refused to hand over to the government control of the services department, which deals with posting and transfer of bureaucrats.
Delhi’s bureaucracy was under the control of the elected government until 2015, when the Centre issued a notification placing those powers in the lieutenant governor’s hands. The notification sent Delhi into a power tussle between the Aam Aadmi Party government and the lieutenant governor’s office.
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