One of the most contentious issues between the Centre and the AAP-led government over the final authority on transfer and posting of officers of the Delhi government will remain in limbo for some more time as the two judges of the Supreme Court on Thursday differed on it and referred the crucial matter to a larger bench.
Justice A K Sikri said there is no "Public Service Commission" in Delhi and it has never been in dispute that manpower in the form of public servants like IAS, IPS and DHANICS was being provided by the Centre.
"Admittedly these officers/public servants do not belong to Union Territory of Delhi exclusively or, for that matter, at all. They are placed at the disposal of NCTD by the Central Government," he said.
Referring to the dispute in question, Justice Sikri said the "bone of contention is about their mobility, that is their posting within Delhi itself from one place/ department to other".
Justice Sikri spelled out in details as to how the issue of transfer and posting of officers, working with Delhi government, can be dealt with amicably by the Lt Governor and the city government.
However, Justice Ashok Bhushan, who differed on the aspect of services, was more blunt and held that the power to regulate the transfer and posting of officers working for the Delhi government was not available to its assembly in the first place under the Constitution.
"With regard to 'services' GNCTD (Government of National Capital Territory of Delhi) can exercise only those Executive powers, which can be exercised by it under any law framed by the Parliament or it may exercise those Executive powers, which have been delegated to it." he said.
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On the other hand, Justice Sikri said the transfers and postings of secretaries, heads of departments and other officers in the scale of Joint Secretary to the Government of India and above can be done by the Lieutenant Governor and the file submitted to him directly.
Justice Sikri further said, "For other levels, including DANICS (Delhi, Andaman and Nicobar Islands Civil Service) officers, the files can be routed through the chief minister to L-G. In case of difference of opinion between the L-G and the chief minister, the view of the L-G should prevail and the Ministry of Home Affairs can issue a suitable notification in this regard.
He said that for greater transparency, a Civil Services Board can be formed which can be headed by the Secretary (Services) for Grades IV and III officials and by the Chief Secretary for Grades II and I level officers.
So far as disciplinary authorities are concerned, the they are prescribed under the service rules of different cadres, he said.
"In the interest of good governance and smooth Governmental function, we expect that efforts will be made by both the Chief Minister as well as the LG for a harmonious working relation," Justice Sikri said.
However, in view of the difference of opinion the issue remained unresolved and will be decided afresh by a larger bench.