New Delhi:- Not granting a stay or quashing the Centre’s notification clipping AAP administration’s powers, the Delhi High Court today directed the Lt Governor to “deliberate” on the city government’s proposals on appointment of senior bureaucrats to key posts.
Hearing the Delhi government’s plea for quashing the May 21 order of the Centre barring the anti-corruption branch from proceeding against any staff under Centre’s control, the court, as an interim measure, asked the LG to deliberate upon the AAP government’s orders shifting nine bureaucrats from one post to another.
It also sought the Centre’s response on AAP government’s plea seeking quashing of a notification which gave the Lt Governor absolute powers to appoint bureaucrats to various posts in the national capital.
Justice Rajiv Shakdher gave the interim order after senior advocate Indira Jaising, appearing for the Delhi government, suggested the via media to break the “conundrum”.
She said the government will send its proposal for allocating different posts to the LG, who can then follow the procedure laid down in the Transaction of Business Rules.
Jaising argued that in view of the notification the officers were not reporting for duty where they were posted and as a result running of government has come to a stand still.
“They (Centre) can’t short circuit the procedure provided under the Rules and the Constitution,” she said.
Additional Solicitor General (ASG) Sanjay Jain opposed the suggestion saying the city government was “inherently ineligible” for “tweaking or tinkering” with the officers allocated to it by the Centre which decides where they have to be posted.
He also said that when the city government did not have the power to give an opinion on the issue, then the question of sending the proposal to the LG does not arise.
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