SC settles five issues, refers services to a larger bench

NEWDELHI: The Supreme Court on Thursday referred to a larger bench the issue of who controls the transfer and posting of bureaucrats in Delhi after a twojudge bench gave a split verdict on the matter. However, the top court cleared ambiguities on several other contentions.

SERVICES

It was the only issue on which the two judges, justice AK Sikri and justice Ashok Bhushan held different views. Justice Sikri said the transfers and postings of secretaries, Hods and other officers in the scale of joint secretary and above can be done by the L-G. But when it concerns officers from the DANICS and DANIPS cadre, the council of ministers can send the files to the L-G through the chief minister’s office. He said in case of a difference of opinion between the L-G and the CM, the view of the L-G should prevail and the home ministry may issue a suitable notification.

However, justice Bhushan said that under the law, Delhi government has no power to exercise control over services.

ANTI-CORRUPTION BRANCH (ACB)

The Supreme Court said that the ACB is not empowered to investigate offences committed by Central government employees under the Prevention of Corruption Act. Admittedly, this investigation is carried out by the CBI. Therefore, it obviates the duality and conflict of jurisdiction as well, the apex court said.

COMMISSION OF INQUIRY

The apex court said it was unable to accept the submission of the Delhi government’s counsel that the expression “state government” in section 2(a) of the Commission of Inquiry Act would mean the government of NCT (National Capital Territory) of Delhi, a Union Territory.

The Supreme Court upheld the high court judgment, which had said that the expression “appropriate government’ in respect of Union territories shall be the Central government only”.

DIRECTIONS TO DERC

The Supreme Court set aside the high court verdict by going on the dicta laid by the Constitution Bench. The SC said that the DERC Act is enacted by Legislative Assembly of NCTD. “Government here means GNCTD i.e. L-G who is supposed to act on the aid and advice of the Council of Ministers. Under this Act, Delhi Government has power to issue directions to the DERC in matters of policies involving public interest.”

CIRCLE RATES

The high court had handed this power to the Centre which was challenged by the Delhi government in the Supreme Court.

However, the SC said the lieutenant governor should not “differ routinely” with the decision of council of ministers and the difference of opinion should be based on cogent and strong reasons. The SC bench, however, said that it agrees with the HC ruling that “views of L-G should have been taken before issuing circular dated August 4, 2015”.

SPECIAL PROSECUTORS

The SC bench upheld the HC verdict and said, “The High Court has rightly held that in respect of these entries, the Government of NCT of Delhi and LG have legislative competence to act on the aid and advice of the Council of Ministers.”