NEW DELHI, May 20:
The Centre has moved the Supreme Court seeking a review of its May 11 verdict which held the Delhi Government has legislative and executive powers over services except for public order, police and land, contending the judgement ignores the fact that the functioning of the Government in the capital “affects the nation as a whole”.
In a determined effort to wrest control over the officialdom in the aftermath of the Apex Court order leaving it with just three subjects, the Centre promulgated an ordinance on Friday creating a National Capital Civil Service Authority to deal with service conditions, transfer and posting of officials.
The Centre has also filed an application in SC seeking an open court hearing of the review petition, saying the matter pertains to the functioning of the Government machinery of the Government of the National Capital Territory of Delhi and “grave injustice would ensue” if the plea for oral hearing is not allowed.
“It is submitted that the said judgment suffers from an error apparent on the face of the record as it suffers from a fundamental fallacy inasmuch as it ignores that working and functioning of the capital government affects the nation as a whole,” said the review petition, settled by Solicitor General Tushar Mehta.
It said the judgement further proceeds without appreciating that the nominee of the President, the Lieutenant Governor or the Central Government, both are also “manifestations of democracy” when compared to the elected Government of Delhi.
A five-judge constitution bench headed by Chief Justice D Y Chandrachud had, in a unanimous verdict on May 11, sought to put an end to the festering dispute between the Centre and the Delhi Government triggered by a 2015 Home Ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other Union Territories and has been “accorded a ‘sui generis’ (unique) status” by the Constitution.
In a pushback, the Centre on Friday promulgated an ordinance to create an authority for transfer and posting of Group-A officers in Delhi, a move the AAP Government called a deception with the Supreme Court verdict on control of services.
The ordinance, which came a week after the apex court handed over the control of services in Delhi excluding police, public order and land to the elected Government, seeks to set up a National Capital Civil Service Authority which will take decisions about not only the service conditions, transfer and posting of officers but also deal with disciplinary proceedings against Group-A officers from the DANICS cadre.
In its review petition, the Centre has said the verdict “suffers from errors apparent on the face of the record and fails to consider the case submitted by the review petitioner”.
“It is submitted that Central Government is administered by the people of the entire country who have a vital and preponderant interest in the governance of the capital of the entire country,” it said.
“The said judgment ignores the said argument put forth by the Union of India and same goes to the root of the matter as the same is critically connected to the question of the decision over Entry 41 List II of the Seventh Schedule of the Constitution of India,” the plea said.
The plea said the verdict suffers from an error as it has not dealt with the arguments of the Centre that the Constitution has never contemplated a separate service cadre for Union territories.(PTI)
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