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Home Ministry Edict: SC notice to Delhi govt
Home Ministry Edict: SC Notice To Delhi Govt. In a small advantage to the central government, the Supreme Court on Friday described as \"tentative\" the Delhi High Court\'s observation that its May 21 order giving Delhi\'s Lt. Governor the final say in posting and transfers of bureaucrats was \"suspect\", even as it issued notice to the city government on the issue.
New Delhi: In a small advantage to the central government, the Supreme Court on Friday described as "tentative" the Delhi High Court's observation that its May 21 order giving Delhi's Lt. Governor the final say in posting and transfers of bureaucrats was "suspect", even as it issued notice to the city government on the issue.
The vacation bench of Justices AK Sikri and Uday Umesh Lalit issued the notice on a central government petition seeking stay of observations made by the high court in three paragraphs of its May 25 judgement wherein it had said that notification was "suspect" and that the Delhi's Anti-Corruption Branch (ACB) had the jurisdiction to entertain complaint and act against Delhi police officers under the Prevention of Corruption Act.
The court, in its order, noted that the notification described as "suspect" was issued on May 21 - a day after the high court had reserved verdict on May 20 on Delhi Police head constable Anil Kumar's bail plea - and neither the central government was party to the case nor was there any occasion for any hearing on the notification.
Noting that the notification has now been challenged by Delhi government before the high court, the apex court order said: "We, therefore, clarify that the observations were only tentative in nature and it would be open to the high court to deal a petition (by Delhi government) independently without being influenced by any observations made in para 66, or for that matter in other paragraphs of the impugned order."
In respect of other paragraphs, the apex court said it will take a call only after receiving the Delhi government's reply.
