New Delhi, May 30: In a huge setback to Delhi government led by Arvid Kejriwal, the Delhi high court made it clear that the Lt Governor is the real boss in the national capital; he has the power to appoint the senior bureaucrats to key posts.
Again, the court made it clear yesterday that the public order, land and law and order in Delhi come under the control of the LG.
Earlier in the day, the Supreme Court had passed on the matter to the high court. The apex court refused to stay high court order allowing Anti-Corruption Bureau of Delhi to take action against officials in corruption cases.
Meanwhile, Kejriwal, who had approached the high court challenging the notification by the Centre over the appointment of bureaucrats in Delhi, will think how to take on the Centre next.
Admitting the petition, the high court had said that the notification was a suspect.
"Today the High court has issued a notice on the petition of the Delhi govt. challenging the notification issued by the central government. The court has also directed the central govt. to file the reply and also file an affidavit that what is the status of postings and appointments of officers in other union territories. 11th of August is fixed for the next hearing of the case. In the meantime the court says that function of Delhi should not be affected so the orders already passed by the Delhi govt. for posting the officers should be sent to LG and LG will deliberate on those orders", said HS Phoolka, senior advocate
"The court has not given any final decision because the constitution already provides for that. The constitution says that in case of any difference of opinion between the council of ministers and LG, the matter should be referred to the president for the decision", he said.
"The court has not interfered in the interim on notification of 21st May which was passed by the LG and central govt. The court has only asked LG to deliberate upon two decisions – transfer orders passed by Delhi govt. which the LG will deliberate upon and pass a final decision. The 21st May notification stands as it is for now and final hearing on this matter will take place on August. Nothing has altered by the court on the interim", said Akshay Makhija, a lawyer.
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