Unable to transfer officers, work paralysed: AAP govt to SC

NEW DELHI: Despite a five-judge Constitution Bench ruling that the Lieutenant Governor in Delhi has no independent power to take decisions, the Delhi government on Wednesday informed the Supreme Court that its functioning remains "completely paralysed" and its hands tied on matters regarding transfer and posting of officers.

The matter was heard by a Bench of Justices AK Sikri and Navin Sinha. The court said it will hear the matter on July 26 since it is not a regular bench.

"Functioning of the government is completely paralysed. We cannot post officers, we cannot transfer officers despite the recent constitution bench verdict which has explained every aspect.

"These issues need to be adjudicated at the earliest," said senior advocate P Chidambaram, appearing for the Delhi government.

Senior advocate Indira Jaising, also appearing for the Delhi government, said officers are not willing to file an affidavit on this matter and Deputy Chief Minister Manish Sisodia had therefore filed the affidavit.

"I just wanted to clarify the situation," Jaising said.

The bench posted the matter for July 26 for hearing as LG Anil Baijal sought accommodation for a week.

The Aam Aadmi Party-led Delhi government has sought an early disposal of all appeals filed by it on the scope of its powers in view of the recent verdict by a Constitution bench.

The three-judge Constitution Bench of Chief Kustice Misra, Justice AM Khanwilkar and Justice DY Chandrachud, on July 4, ruled that the LG was bound to act on the aid and advice of the Delhi Council of Ministers.

The bench has also ruled that the LG exercised no independent powers as the representative of the central government except in law and order, police and land.

The Delhi government has the powers to legislate and govern on other issues, the apex court order stated, adding that issues regarding various notifications issued by the Delhi government in the exercise of its administrative and legislative powers would be dealt separately by an appropriate smaller bench.

After the Supreme Court ruling, the Arvind Kejriwal government had sent the LG files recommending transfer and posting of officials. However, the LG stonewalled it, saying the issue involving 'Services' is yet to be decided.

Baijal said the Ministry of Home Affairs (MHA) had advised him to keep exercising powers over 'Services' because the May 21, 2015 notification by the MHA remained valid until a regular bench of the SC decided on it.With agency inputs