New Delhi: Even though the Supreme Court has decided who will control the officers of Delhi, the dispute between the Center and the Delhi government is not over yet. The matter of transfer-posting of officers in Delhi has once again reached the Supreme Court. The Central Government has filed a review petition against the decision of the Supreme Court. The Central Government has filed a petition in the Supreme Court demanding reconsideration of the May 11 decision. This step of the Central Government has come at a time when a day earlier, the Central Government has issued an ordinance, regarding which once again the dispute with the Delhi Government seems to be increasing. Let us tell you that in the past, the constitutional bench had given the right of transfer-posting of officers in Delhi to the Delhi government.
In fact, the Central Government issued an ordinance on Friday for the purpose of setting up the ‘National Capital Public Service Authority’ for the transfer of ‘Group-A’ officers of ‘Daniks’ cadre and for disciplinary action against them. Significantly, just a week before the ordinance was issued, the Supreme Court had handed over the control of police, law and order, and all other services in the national capital to the Delhi government. However, Delhi Chief Minister Arvind Kejriwal had alleged earlier in the day on Friday that the Center was planning to issue an ordinance to reverse the Supreme Court’s decision.
The ordinance states that there shall be an authority to be called the National Capital Public Service Authority, which shall exercise the powers conferred on it and discharge the responsibilities assigned to it. The Chief Minister of Delhi will be its chairman in Authority. Also, it will have the Chief Secretary and the Principal Secretary (Home) as members. The ordinance states, “All issues to be decided by the Authority shall be decided by a majority of votes of the members present and voting. The member secretary will verify all the recommendations of the authority.
The Ordinance states that the Authority shall meet at such time and place as may be decided by the Member Secretary with the approval of its Chairman. The Ordinance states, “The Central Government, on the advice of the Authority, shall determine the category of officers necessary for it (the Authority) to discharge its responsibilities and provide suitable officers and staff to the Authority. It states, “Notwithstanding any law for the time being in force, the National Capital Public Service Authority shall be empowered to recommend transfers and postings of ‘Group-A’ officers and ‘DANICS’ officers serving in matters connected with the Government of Delhi…but He will not be able to do so with officers serving in other cases.
The ruling Aam Aadmi Party (AAP) in the National Capital Territory of Delhi on the Ordinance issued by the Central Government has termed it as a ‘mischief’ with the Supreme Court, which in its order of May 11, handed over the control of bureaucrats serving in the Delhi government to its elected government. I was assigned The court had only kept police, law, and order, and land out of its purview. Delhi’s Public Works Department (PWD) minister Atishi said the Centre’s ordinance “clearly amounts to contempt of court”.
