SC gives ACB to Centre, divided on bureaucrats
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...the ACB is not empowered to investigate into the offences of Central government employees under the Prevention of Corruption Act SUPREME COURT ORDER
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We respect the apex court, but the judgment is an injustice to the people who elected a government by giving 67 of the 70 seats [to the Aam Aadmi Party]
ARVIND KEJRIWAL, Delhi CM
NEWDELHI:THE contentious debate over who controls Delhi administration officers – the elected Aam Aadmi Party (AAP) government or the lieutenant-governor (L-G) as the Centre’s representative – remained unanswered on Thursday even as the Supreme Court cleared the air on other executive powers that led to a bitter litigation between the two sides for almost four years.
In a setback to the Arvind Kejriwal government, a bench of two judges, justice AK Sikri and justice Ashok Bhushan, gave a split verdict on the issue of who can transfer Delhi government officers and referred the long-pending dispute to a larger bench where arguments will have to be made afresh.
Chief Justice of India Ranjan Gogoi is likely to constitute a three-judge bench to hear the matter. The SC ruled against the Delhi government’s stand that its anti-corruption branch (ACB) can investigate corruption cases against central government employees and upheld a Union home ministry notification that put the unit under it. The Centre, the court said, has not only the power to control the police force but solely exercises control over its supervision and functioning.
The two issues on which the court ruled in the Delhi government’s favour were on the appointment of special prosecutors for criminal cases, and for the fixing of electricity and land rates. Kejriwal termed the verdict “unfortunate” and an “injustice to the people of Delhi”. At a press conference after the judgment, Kejriwal said it was ironic that as chief minister he does not have the power to appoint a peon in his own office.
“We have been suffering for the last four years. I and three of my cabinet colleagues had to do a 10-day hunger strike at the LG’S office to get files cleared. We cannot set up mohalla clinics because the elected government cannot appoint good officers or transfer inefficient ones. How can we set up schools or mohalla clinics if officers do not pick up calls of ministers?” Kejriwal said.