Apex court judgment misinterpreted in “queer” manner.
New Delhi: Amid an ongoing tussle over transfer and postings of officers, chief minister Arvind Kejriwal on Saturday suggested the Centre and the lieutenant-governor (L-G) should go to the Supreme Court to clear any "confusion" over its July 4 verdict.
The Centre and L-G are interpreting the Supreme Court’s judgement in a "queer" manner, he told reporters. "My suggestion is that they (Centre and L-G) should go to the court. They are confused, we do not have any confusion," Mr Kejriwal said, when asked if the Delhi government will take the 'services' issue to the apex court.
"They say they will obey the SC order of not sending files to the L-G or seeking his concurrence but not on the services matter. It's not done, either you obey the whole order or none of it," he said.
The AAP dispensation, following the Supreme Court verdict that empowered it to take executive decisions on subjects other than land, police and public order, has been sparring with the Centre and the L-G over the issue of control on the services department.
The Centre on Friday asserted that it will be against the law to take a final view on the matter related to services as it is still pending before the Supreme Court.
Mr Kejriwal had earlier alleged that the Union government and the L-G were refusing to obey the apex court order.
The Union home ministry has said it advised the L-G, based on a reference received from him, to follow the law. "This advice is based on the law ministry’s opinion that the Constitution bench of the Supreme Court has clearly ordered that the matter be placed before the appropriate regular bench.
"In fact, it would be against the law to take a final view on the matter related to services which is still pending before a regular bench," it said in a statement.
Hours after the apex court order last Wednesday, the Delhi government introduced a new system for transfer and postings of bureaucrats, making the chief minister the approving authority.
The L-G had earlier been the approving authority for transfers and postings of IAS and Delhi, Andaman and Nicobar Islands Civil Services (Danics) officers.
Bureaucrats working with the Delhi government maintained that the “services issue” was within the L-G's jurisdiction since Delhi is a UT and that it did not come under the concurrent and state lists.