The Centre is satisfied with the Supreme Court order on the contentious issue of who should control administrative services in the national capital, but has reservation on the decision that the Delhi government will have the right to appoint public prosecutors, officials said.
A two-judge bench of the Supreme Court on Thursday gave a split verdict on the contentious issue of who should control administrative services but appeared to agree that the Centre has the final word.
In view of the differences, Justice A K Sikri and Justice Ashok Bhushan referred the matter to a larger bench of the apex court.
"We are satisfied with the Supreme Court order on the matter of services as well as control over the Anti-Corruption Bureau (ACB). The only concern for us is appointment of public prosecutors as there have been instances when the public prosecutors have opposed Delhi Police in court leading to embarrassing situation," a home ministry official said.
Both the judges of the Supreme Court agreed that the Lieutenant Governor (L-G) will have control over the ACB, as already notified by the Centre and the power to appoint inquiry commissions would also rest with the central government.
On the other hand, the elected Delhi government will have the right to appoint public prosecutors, to decide land revenue matters and also to appoint or deal with electricity commission or board, the bench ruled.
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On the most contentious issue where the verdict was divided, Justice Bhushan ruled the Delhi government has no power at all over administrative services.
Justice Sikri, however, made a distinction by saying the transfer or posting of officers in top echelons of bureaucracy (joint director and above) can only be done by the central government and the view of the L-G would prevail in case of difference of opinion for matters relating other bureaucrats.
He also suggested constituting a separate board for transfer and posting of grade-3 and grade-4 employees, like the one for IAS officer.
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