The political authority of Delhi cannot bypass the authority of lieutenant-Governor (l-G) in matters of transfer and posting of public servants, the
Centre told the Delhi High Court.
“The Chief Secretary has to do all the correspondences under the authority of the l-G. The political authority cannot bypass l-G’s authority in matters of service/transfer/postings and UPSC is the ultimate authority in this matter,” Additional Solicitor General (ASG) Sanjay Jain told the bench of Chief Justice G Rohini and Justice Jayant Nath.
Referring to Rule 45 of the Transaction of Business Rules, the ASG said the l-G can or may regulate the transaction of business. “Delhi does not have its own public service commission. It is provided by the Union Government and the cadre control is with the Centre and the l-G comes into picture here as he is empowered to function as an executive authority,” he said.
The ASG said decisions taken by the l-G are in his executive capacity and he has been given wider powers as compared to the Governor of a State.