Delhi Government Approaches Supreme Court Again Against Centre; Says Transfer Of Secretary Not Approved Despite SC Verdict In Its Favour

The Delhi Government has again approached the Supreme Court complaining that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services (except those related to public order, police and land) a day ago.

Senior Advocate Dr.Abhishek Manu Singhvi assisted by Advocate Shadan Farasat, appearing for the Government of National Capital Territory of Delhi, mentioned the matter before Chief Justice of India DY Chandrachud on Friday for urgent listing. Singhvi requested that a division bench be constituted at the earliest to hear the appeal, which the Constitution Bench referred back to the division bench after answering the points of reference.

"They(Centre) 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", Singhvi said.

CJI agreed to consider the request.

The root cause of the matter is a notification issued by the Ministry of Home Affairs (MHA) on May 21, 2015, which stated that the LG will have power over "services" in Delhi. In yesterday's Constitution Bench judgment, the court did not specifically set aside the 2015 MHA notification. The Constitution Bench has posted the matter before the division bench after declaring the law. As per the Delhi Government, the Centre is not approving the transfer of the services secretary, saying that the 2015 notification has not yet been set aside. Therefore, an early constitution of the division bench was sought by Dr Singhvi.

While laying down the law, the Constitution bench in its judgement yesterday stated–

"We have answered the issue referred to this Constitution Bench by the order dated 6 May 2022. The Registry shall place the papers of this appeal before the Regular Bench for disposal after obtaining the directions of the Chief Justice of India on the administrative side."