Delhi LG Returns Files Of Services Matters To Kejriwal Govt After Supreme Court Verdict

The LG office on Tuesday returned files pertaining to services matters back to the government for necessary action.  

New Delhi: Days after the Supreme Court gave the elected government in Delhi control over the bureaucracy, the LG office on Tuesday returned files pertaining to services matters back to the government for necessary action.  

"Proposals for extension of contractual tenures of staff in various Delhi Government Hospitals and acceptance of resignation of a Group ‘A’ staff of Deen Dayal Upadhyaya Hospital, sent to LG for approval, have been returned back with the observation that the Departments may be advised to take appropriate action / further necessary action, in light of the judgment of CB in Apex Court on 11.05.2023," the LG office said in a statement.

The move comes after a Supreme Court judgment placed the control of bureaucrats working with the Delhi government (excluding those related to police, public order, and land) under the elected government. Earlier, transfers and postings of all Delhi government officers were decided by the Lieutenant Governor.

While delivering the verdict, the Supreme Court bench, comprising Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha, had said that if a democratically elected government was not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. 

"L-G shall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly...and it cannot mean administration over entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile," the court said.

The Supreme Court had reserved its order on January 18 after hearing the arguments for almost four-and-a-half days.

The petition filed by the Delhi government came as a result of a split verdict of February 14, 2019, in which a two-judge bench of Justices A K Sikri and Ashok Bhushan, both now retired, recommended to the Chief Justice that a three-judge bench be set up to decide the issue of control of services in the national capital.

While Justice Bhushan had ruled that Delhi government had no power at all over the administrative services, Justice Sikri had said the transfer or posting of officers in the top echelons of the bureaucracy (joint director and above) can only be done by the Centre and the lieutenant governor's view will prevail in case of a difference of opinion on matters related to the other bureaucrats.

In a verdict in 2018, a five-judge Constitution bench had unanimously ruled that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.