SC stays Delhi HC order on granting power to Delhi govt

Friday, May 29, 2015,19:45 IST By metro vaartha A A A

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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