Fresh conflict over who controls Delhi bureaucrats

A fresh confrontation is brewing over who controls Delhi bureaucrats, with the AAP government planning contempt petition against officials refusing to act on its directive on transfers and postings.

Union Minister Arun Jaitley, however, held that the government's "presumption" was "wholly erroneous".

The latest bone of contention was the refusal of the Services Department to comply with a direction on the introduction of a system of transfers and postings of bureaucrats, which made Chief Minister Arvind Kejriwal the approving authority, soon after the Supreme Court verdict on powers of Delhi government was pronounced.

The department was of the view that the Supreme Court did not abolish the notification issued in 2015 which made the Ministry of Home Affairs the authority for transfers and postings and it could not go ahead with the Kejriwal government's direction as it goes against the rules.

"The chief secretary has written to me saying the Services Department will not follow the orders. If they are not going to abide by it and the transfer files will still be seen by the Lt Governor, then it will amount to contempt of Supreme Court," Deputy Chief Minister Manish Sisodia said.

The AAP government is consulting lawyers on "what can be done in the situation", he said, emphasising that the Supreme Court had stated that the Lt Governor has the power to interfere only in three subjects, which do not include the Services Department.

Kejriwal, too, said the verdict had in "clear terms" demarcated power-sharing among the Centre, Delhi government and Lt Governor. "I want to appeal to all the stakeholders to implement the order and work together for the development of Delhi," he said even as he sought time from Lt Governor Anil Baijal to seek his support and cooperation in the "implementation of the Supreme Court order and in the development of Delhi".

Jaitley retorts

Union Minister Arun Jaitley did not find merit with the AAP government's assertion. He said the judgement does not add to the powers of the state government or the Central government, nor does it in any way dilute them.

"The Supreme Court has held categorically that Delhi cannot compare itself at par with other states and, therefore, any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi government would be wholly erroneous," Jaitley said in a post on Facebook.

"It emphasises the importance of an elected state government, but Delhi, being a Union Territory, makes its powers subservient to the Central government," he said.

In a notification issued earlier, the Ministry of Home Affairs had said that "public order, police, land and services fall outside the purview of legislative assembly of the National Capital Territory of Delhi and consequently the Government of NCT of Delhi will have no executive power" on such matters. However, Supreme Court had said the Delhi government will not have powers on issues of public order, police and land.