The Supreme Court and the Delhi High Court on Friday set out to examine independently whether it is the Delhi Government or the Centre that wields absolute control over transfers and postings of IAS and IPS officers in the Capital. Both sides approached the courts after the Delhi High Court (HC) recently questioned the Centre’s authority to issue executive orders with regard to Central officers serving in Delhi. The court had even termed as “suspect” a May 21, 2015 Government of India notification granting full immunity to Central Government functionaries from any prosecution by the Anti-Corruption Branch (ACB) of the Delhi Government.
On Friday, the Centre approached the apex court against the Delhi HC decision of May 25, while simultaneously the Delhi Government challenged the May 21 notification before a single judge of the Delhi HC. The Centre said that the HC remark was passed in violation of principle of natural justice as the notification was dealt with without making the Centre a party to the proceeding.
In its submission before the HC, the Delhi Government suggested that as a “via media” the l-G may consider names sent by it for the posting for various offices to end the prevailing “conundrum” where running of Government has come to a standstill. A Bench of Justice Rajiv Shakdher issued a notice to the Centre but refused to stay the notification.
Dealing with the Centre’s appeal, the Vacation Bench of the Supreme Court comprising Justices AK Sikri and UU lalit felt that the power tussle needs to be decided one way or the other and issued a notice to the Delhi Government. On the HC observation made on the May 21 notification, the Court held that they were “tentative in nature”. It directed the Delhi HC to decide on the validity of the said notification independently without being influenced by any observation passed in the May 25 order. Solicitor-General Ranjeet Kumar, who appeared for Ministry of Home Affairs, even sought stay of the HC observation but the court refused. The Bench deferred the question on stay after three weeks upon receiving the response of Delhi Government.
At one instance, the Court even suggested Delhi, “It is better you transfer the matter here. let it be decided once and for all by the final court.” Senior advocate Parag Tripathi appearing for Delhi said that the question before the HC related to power of the l-G to dictate terms on transfers and postings while the present appeal was limited to ACB’s jurisdiction arising out of a single case where a constable was arrested for bribery.
The Bench said, “These are matters of moment and cannot be wished away. The HC has considered the entire law on the subject. It doesn’t stop there but goes beyond it. Our concern is when it goes beyond, how to deal with it.” The Solicitor General upped the ante by informing Court that the position of law in this aspect was not clear even to the Delhi Assembly which met two days ago and decided to seek an opinion on the question of Centre’s jurisdiction from the Supreme Court.