The Supreme Court on Tuesday said it would set up a three-judge Bench to hear the AAP Government's plea on the contentious issue of who should control administrative services in Delhi. The plea arises out of a 2019 split verdict. On February 14, 2019, a two-judge Bench of Justices AK Sikri and Ashok Bhushan, both retired since, recommended to the Chief Justice of India that a three- judge Bench be set up to finally decide the issue of control of services in the national Capital in view of its split verdict.
Justice Bhushan had ruled that the Delhi Government has no power at all over administrative services. Justice Sikri, however, made a distinction. He said the transfer or posting of officers in top echelons of the bureaucracy (Joint Director and above) can only be done by the Central Government and the view of the Lieutenant-Governor would prevail in case of a difference of opinion for matters relating to other bureaucrats.
“We have to constitute a Bench after the Dussehra vacation. The plea would be listed after Diwali break,” a Bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli told senior advocate Rahul Mehra who mentioned the Delhi Government's plea for urgent listing and hearing. Following a five-judge Constitution Bench judgment, police, land and public order were to be under the control of the Centre and the rest of the subjects, including the services, should remain under the Delhi Government, Mehra said.
“It is the matter pertaining to the issue of services which find mention in Entry 41 of list II of the Constitution. The two-judge Bench expressed divergent views and the matter was before a three-judge Bench. Since the entire administrative control vests currently with the Centre, it is an important issue and impedes on the ability of the Delhi Government to govern and implement its policy,” the counsel for the Delhi Government added.
Earlier, the top court, which was hearing pleas on six matters pertaining to a long-running conflict between the Centre and the Delhi Government, had given a unanimous order on the remaining five issues except the control over services.