Centre tells SC, officers posted in Delhi govt under its control

NEW DELHI: The central government argued before the Supreme Court on Wednesday that officers posted in the Delhi government were under its control and supervision and that this power was exercised by the L-G under the powers delegated by the President to him.

The Centre and the National Capital Territory of Delhi government led by Arvind Kejriwal are caught in a bitter row over the power to transfer and control bureaucrats posted in Delhi.

A five-judge Supreme Court bench had earlier held that Delhi was not a state but a Union Territory, which is a class by itself.


It had also held that the L-G was bound by the aid and advice of the Council of Ministers.

Now, a regular bench is looking into the different aspects of power struggle between the elected government in Delhi and the Centre. Currently, a two-judge bench is dealing with the validity of a central notification of 2015 claiming supervisory powers over officers posted in the NCT.

Senior advocate Aryama Sundaram also claimed that the officers could only be transferred by the L-G. He was responding to queries by a bench, comprising justices AK Sikri and Ashok Bhushan, asking him how he expected the government to function when it had no control over the bureaucrats. “How do they deal with them once they are posted?” Justice Sikri asked him. “How will the government function?” asked Justice Bhushan.