Centre moves SC against HC's view on notification

Centre moves SC against HC's view on notification

Centre moves SC against HC's view on notification

The Home Ministry on Monday filed an appeal in the Supreme Court challenging the Delhi High Court observation on the Centre’s recent notification barring Anti-Corruption Branch (ACB) of the Delhi government from acting against its officers.

The Special Leave Petition was filed on Wednesday evening even as the Aam Aadmi Party-led government passed a resolution in the Assembly against the notification, which the High Court described as “suspect”.

Sources said the ministry will argue that the high court passed the order and made observations without hearing its view. They are also likely to inform the apex court that after concluding all hearings on the bail plea of a Delhi Police constable who was held by the ACB, the high court reserved its order on the case on May 20. The notification, issued on May 21, said that the ACB shall not take cognisance of offences against officials, employees and functionaries of the Central government services.

It also gave the Delhi Lt Governor absolute powers on transfers and postings of senior officers. The Delhi High Court had on May 25 termed as “suspect” the Centre's notification barring Delhi government's ACB from acting against its officers in criminal offences and held that the Lt Governor cannot act on his discretion.

The high court had observed that the mandate of the people “must” be respected by the Lt Governor if there was no other “Constitutional or legal fetter”.

“In my view, since the Union lacks the executive authority to act in respect of matters dealt with in Entries 1 and 2 List III of the Seventh Schedule, the further executive fiat issued by the Union government on 21.05.2015 is suspect,” the high court had said.

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