New Delhi | Giving a huge sigh of relief to the Central government, the Supreme Court today stayed the Delhi High Court order which had stated that the Delhi government has the discretionary power over appointments and transfers of key bureaucrats in the National Capital.
The apex court’s judgement was seen as a major setback for the Aam Aadmi Party (AAP) government, which had got a judgement in its favour in connection with appointments and transfers of key bureaucratic posts.
Keeping in view the fact that there were some merits in the Central government’s petition, the Supreme Court, vacation bench, comprising Justices Arjan Kumar Sikri and Uday Umesh Lalit, also issued notice to the AAP government and asked it to file a detailed reply within three weeks as to what is its stand on the entire issue.
The top court said the Delhi High Court has no bearing on the issue of Anti Corruption Bureau’s (ACB’s) jurisdiction.
Finding merit on the Special Leave Petition (SLP) of the Centre, the SC stayed the Delhi HC order. The Supreme Court, however, today did not comment on the May 25 Delhi High Court order which had used the suspect tag in its judgement and said that the High Court must hear the case independently and not get influenced by any observations.
Today, the Delhi High Court is likely to hear AAP’s petition on the same issue. The Union Home Ministry recently issued its gazette notification on May 21 that gave absolute powers to the Delhi L-G on transfers and postings of senior officers.
The SC had yesterday agreed to hear the matter on an urgent basis today after Additional Solicitor General (ASG) Maninder Singh, appearing for the Centre, urged the court to this effect.
The Delhi High Court by its verdict on May 25 had said that the Central government’s notification was erroneous in putting all the services under the LG and giving absolute powers to him.
The Union Home Ministry in its SLP had challenged the Delhi High Court’s judgement on the issue. In the petition, the MHA submitted to the Apex Court that the Delhi High Court had passed the order without hearing its view,
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