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Judiciary

AAP Government Approaches Supreme Court on Transfer of Services Secretary

By Harshvardhan Sharma      12 May 2023      0 Comments
AAP Government Approaches Supreme Court on Transfer of Services Secretary

NEW DELHI: A day after the Supreme Court's judgement declaring the Delhi government's power to control its officers, the Arvind Kejriwal government has approached the top court alleging the Centre is not initiating the transfer of services secretary ordered by it on Thursday.

Senior advocate A M Singhvi, appearing for the Delhi government, mentioned the matter before a bench led by Chief Justice of India.

He said matter required an urgent hearing.

The CJI agreed to consider listing the matter next week.

Within hours of the judgement on May 11, the AAP government removed services secretary Ashish More and appointed A K Singh to take over the post.

In its decision, the top court's Constitution bench had ruled in favour of the Delhi government in its dispute with the Centre on appointment and postings in civil services, including Indian Administrative Services.

A bench of Chief Justice of India D Y Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha unanimously declared that a democratically elected government should have control over its officers.

If the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted, the court had said, while noting an officer recruited by a particular government may serve on deputation with another government.

"Our interpretation of the Constitution must enhance the spirit of federalism and democracy together," it had said.

The court upheld the legislative and executive power of Delhi government, except on subjects related to public order, police, and land.



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Advocate Harshvardhan Sharma, founder and Editor-in-Chief of LawStreet Journal, is an award-winning ...Read more

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