SC defers hearing in tussle over Delhi services to Dec 8

ADVOCATE SHADAN FARASAT, ASSISTING SINGHVI, INFORMED THE COURT THAT THE UNION GOVT HAS TAKEN FOUR ADJOURNMENTS IN THIS MATTER

NEW DELHI: The Supreme Court on Thursday adjourned till December 8, the hearing in the case dealing with the power tussle between Centre and Delhi government over transfer, posting of officers.

The adjournment request was made at the behest of the Centre by Solicitor General Tushar Mehta who requested a bench headed by Chief Justice of India Dhananjaya Y Chandrachud for moving the case already listed for November 24 to December 8.

Mehta said, “This is something beyond my control. On the same day, there is another matter related to demonetisation listed before another Constitution bench headed by justice S Abdul Nazeer. It is likely to go on till the last week of November.”

Senior advocate Abhishek Manu Singhvi appearing for the Delhi government said, “We are in extreme pain,” referring to the situation where the amendments introduced by the Centre put bureaucracy serving in the Capital beyond the control of the Arvind Kejriwal government.

“We had mentioned all the things that are happening. We have no option but to accept the date. But this should start on December 8,” Singhvi said.

Advocate Shadan Farasat, who was assisting Singhvi, informed the court that the Union government has taken four adjournments in this matter, and that even the November 24 date was fixed as per the convenience of the Solicitor

General.

The bench, also comprising justices Hima Kohli and JB Pardiwala said, “We have multiple constitution benches going on. The number of people who can represent Union are limited.” “We do not want our colleagues to be handicapped because of CJI taking up a constitution bench matter. We will give some deference to the Court which is seized of that matter or else it will look awkward,” the bench added.

Last week, deputy CM Manish Sisodia filed two affidavits before the Constitution bench accusing LG VK Saxena of encouraging “recalcitrance of civil servants” towards the elected AAP government. The top court is examining two aspects of governance in Delhi. One relates to whether Delhi government exercises control over its bureaucrats while the other relates to a challenge against the Government of National Capital Territory of Delhi (Amendment) Act 2021 giving wide powers to LG in Delhi’s administration.