HC asks government to refer matters concerning key appointments to L-G

In a blow to AAP government, the Delhi High Court on Friday asked it to refer the matters pertaining to appointment of senior bureaucrats to the Lieutenant Governor. Passing an interim order on Delhi Government's plea to stay or quash the Centre's May 21 notification, the High Court said the Lt. Governor would deliberate on the city government's proposals on appointment of officers to key posts. It also said the L-G can call for necessary information like the profile of the officer concerned from the government, if required.

Justice Rajiv Shakdher also asked the Centre about the practice in the past with respect to posting of bureaucrats and directed the Ministry of Home Affairs to give an affidavit stating what was the practice adopted in Union Territories. "What was happening in the past? Was the UT government allowed to move officers? I need an affidavit and factual data on how it was happening in all UTs," the Bench said and directed that the affidavit be filed in six weeks and listed the matter for further hearing on August 11.

The court was hearing Delhi government's plea for quashing the May 21 order of the Centre that gave discretionary powers to the LG on appointment of officers in Delhi and barred the anti-corruption branch from proceeding against any staff under Centre's control.

It sought the Centre's response on the matter. Senior advocate Indira Jaising, appearing for Delhi government, said the government will send its proposal for allocating different posts to the LG, who can then follow the procedure laid down in the Transaction of Business Rules. She argued that in view of the notification the officers were not reporting for duty where they were posted and as a result running of government has become difficult. "They (Centre) can't short circuit the procedure provided under the Rules and the Constitution," she argued.

Additional Solicitor General (ASG) Sanjay Jain opposed the suggestion saying the city government was inherently ineligible for tweaking or tinkering with the officers allocated to it by the Centre which decides where they have to be posted. He also said that when the city government did not have the power to give an opinion on the issue, then the question of sending the proposal to the LG does not arise. "They are incapable of making it (proposal)," the ASG said and added that any interim order would disturb the basic fabric.

In another development, the Supreme Court also refused to stay the observations of the Delhi High Court, which had termed as 'suspect' the Centre's notification saying they were only tentative in nature without expressing any opinion on its validity. It, however, decided to examine the Centre's challenge to May 25 High Court order on the jurisdiction of NCT government's anti-corruption branch (ACB) to arrest policemen. Appearing for the Centre, Solicitor General Ranjit Kumar had sought stay on the High Court's observation. The Bench also issued notice and sought response within six weeks from the Arvind Kejriwal government on the main appeal filed by the Ministry of Home Affairs against the observations of the high court.

Meanwhile, the Centre reiterated that it had no intention to interfere in the functioning of the Delhi government. "We have no intentions to run the Delhi government through anyone. Let them run the government. We just want to uphold the constitutional provisions," Home Minister Rajnath Singh said at a press conference on Friday. He was replying to a question on whether the Centre wants to run the Delhi government through the L-G as it has given him absolute powers in several matters, including transfer and postings of senior bureaucrats, by issuing a notification, which was challenged in the court by the Kejriwal government. "We are not against anyone but it is our responsibility to uphold constitutional provisions," he added.