SC showed Kejriwal his place; rules Delhi government has no power to probe central government officials

New Delhi, February 14: Regulation of services in the national capital is a tussle between Delhi government and Lieutenant Governor. This is a ma jor setback to Aam Adami party administration in Delhi.

The Supreme Court bench of Justices A K Sikri and Ashok Bhushan was split on the issue of who has powers to appoint and transfer officers of State Public Services under Entry 41, List II of the Constitution of India.

Justice Sikri held that transfers and posting of officers of and above the rank of Joint Secretary are under the powers of Lieutenant General of Delhi.

Other officers are under the control of Delhi Government. On this aspect, Justice Bhushan dissented to hold that "services" were totally outside the purview of Delhi Government.

Electricity Board under the Delhi Government, which is the appropriate government under the Electricity Act Power to appoint Public Prosecutor with the Delhi Government. The issue of "services" is referred to larger bench.

The SC declared the competent authority in respect of the contentious issues as follows :

Anti-Corruption Bureau under Centre; Delhi Government has no police powers Competent authority under the Commission of Inquiry Act is the Centre. Delhi Governmentt has no power to appoint Commission of Inquiry.

The five-judge bench had on July 4, last year laid down broad parameters for governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party came to power in 2014.

"Delhi has an extraordinary position as it is the capital of the country," it had said. It said that the national capital houses several institutions of vital importance like Parliament and the Supreme Court and foreign diplomats also resides here.

It was on November 1 last year that the bench of Justices A K Sikri and Ashok Bhushan had reserved verdict on petitions petitions challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB) in the ongoing tussle between the Delhi government and the Centre.

Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led central government.