Delhi's Aam Aadmi Party government approached the Supreme Court Friday to claim interference - and possible contempt of court - by the centre in the transfer of a senior government official. The AAP's move comes a day after the top court's ruling in a contentious battle between the Delhi government and Lieutenant Governor VK Saxena; the court reaffirmed the former's legislative and executive powers over the administration of services in the national capital, except for those related to law and order and land.
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Chief Justice DY Chandrachud is to constitute a bench to hear this matter next week.
Hours after the Supreme Court order an exultant AAP sought to transfer Services Department secretary Ashish More but the move was deemed 'illegal' by the department, which claimed the court had earlier directed central and state governments to establish a Civil Services Board that will examine proposed transfers before an officer's term is completed.
This examination was not conducted before More's transfer notice, news agency PTI said.
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"They are saying we will not transfer anybody. I can file contempt in view of judgement passed yesterday. But it will take time. So kindly list the matter," senior advocate Abhishek Manu Singhvi asked the Supreme Court.
On Thursday a five-judge Constitution bench headed by chief justice Chandrachud closed a longstanding dispute between the Delhi government and the LG, the centre's rep, that was triggered by a 2015 union home ministry notification claiming control over services in Delhi.
{{/usCountry}}On Thursday a five-judge Constitution bench headed by chief justice Chandrachud closed a longstanding dispute between the Delhi government and the LG, the centre's rep, that was triggered by a 2015 union home ministry notification claiming control over services in Delhi.
{{/usCountry}}The notification held that administration of the National Capital Territory is unlike other union territories and has been 'accorded a 'sui generis' (unique) status by the Constitution'.
The court, however, ruled the Delhi government had power over transfer and posting of civil services officers in the city, except for matters relating to public order, police and land.
The court emphasised the need for an elected government to have authority over bureaucrats in its charge to maintain the principle of collective responsibility.
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