LG not approving officer's transfer: AAP govt to SC

NEW DELHI: After getting legislative and executive rights over "services" through a constitution bench judgment, the AAP government told the Supreme Court on Friday that the lieutenant governor was acting in contempt of Thursday's verdict by not approving the transfer of Delhi's "services" secretary.
Senior advocate AM Singhvi requested a bench led by CJI D Y Chandrachud for early listing of the Delhi government's petition seeking enforcement of the five-judge bench's order on Thursday which held that the elected government in the National Capital Territory of Delhi had legislative and executive right over posting and transfer of bureaucrats of all departments, except those dealing with public order, police and land. The AAP government had ordered the transfer of "services" secretary Ashish More within hours of the SC judgment on Thursday.
In another case, where the Delhi government has challenged the LG's decision to unilaterally nominate 10 aldermen to the Municipal Corporation of Delhi, the bench led by the CJI said, "We have ruled that the LG has to act with the aid and advice of the council of ministers headed by the CM."
The five-judge bench had said on Thursday, "Postings within the state cadre as well as joint cadre of a constituent state shall be made by the 'government of that state', that is, by the duly elected government. In our case, it shall be the government of NCTD. We hold that references to 'state government' in relevant rules of All India Services or joint cadre services, of which NCTD is a part or which are in relation to NCTD, shall mean government of NCTD."
When the MCD aldermen matter was raised, additional solicitor general Sanjay Jain sought permission to withdraw the Centre's earlier affidavit on the ground that it will file a fresh affidavit keeping in view SC's Thursday's ruling.
The bench permitted the filing of fresh affidavit by Tuesday even as Singhvi said MCD's work was getting hampered because of non-resolution of the dispute on if the LG can on his own nominate aldermen to the civic body.