As the Services Department refused to issue an order regarding transfers, the Aam Aadmi Party government on Thursday mulled moving a contempt application, a day after the Supreme Court ruled on the powers of the State and Central governments.
The Constitution Bench of the apex court had on Wednesday given its judgment in the case fought between the Delhi government and the Union government.
The court said that the aid and advice of the Council of Ministers was binding on the Lieutenant-Governor, except on matters of land, police and public order, which are reserved subjects.
2015 notification
Soon after the court gave its decision, Deputy Chief Minister Manish Sisodia, who is also the Minister-in-charge of the Services Department, told the department to issue an order making the Chief Ministers and Ministers the approving authority for transfers of officers instead of the Lieutenant-Governor and top bureaucrats.
The department refused, saying a May 21, 2015 notification of the Ministry of Home Affairs making the L-G, the Chief Secretary and other senior officers the approving authorities had not been quashed.
In talks with lawyers
On Thursday, addressing a press conference, Mr. Sisodia said the bureaucrats had refused his order.
He added that the elected government was in talks with its lawyers and would decide what to do next soon.
Later, he said in a tweet: “Have directed again Secretary Services to issue the orders as directed yesterday. Informed the officer that non compliance would lead to contempt of SC and the officer shall face disciplinary proceedings [sic].”
According to sources, the elected government was considering moving a contempt application in the Supreme Court soon.
