As an “interim measure”, the Delhi High Court on Friday asked the Lt Governor to treat the orders for transfer postings issued by the AAP government as “proposals” and “deliberate”on whether to give approve the postings decided upon by the Delhi Cabinet.
The court has for now left it to the L-G Najeeb Jung to decide on the transfer postings of nine IAS and DANICS cadre officials — who were transferred to different departments by the AAP government recently. “The L-G will deliberate on the proposals submitted by the Delhi government by Order No 260 and 261, dated May 25/2015,” the bench of Justice Rajiv Shakdher said.
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The court also clarified that the directions were an “interim arrangement” to “avoid a situation where a serious situation arises and we don’t have an officer to control it”.
Further, the court asked Additional Solicitor General Sanjay Jain to file an affidavit giving “factual data” on “what has happened in the past in Delhi and other Union Territories” regarding posting of officers.
The bench was hearing a plea by the AAP government challenging the May 21 and the July 2014 MHA notifications restricting the Delhi government from taking decisions regarding the transfer/posting of senior government officials. The question of whether the ACB has the power to investigate Central government employees was not raised during Friday’s hearing.
Senior advocate Indira Jaising who appeared for the Delhi government, said while there was no “state cadre” of officers in the Delhi government, the Assembly did have the power to create such a cadre under the provisions of Entry 41 of List II in the Schedule 7 of the Constitution.