Delhi’s ruling Aam Aadmi Party (AAP) on Thursday said the decision of the Supreme Court over the issue of transfer and posting of Delhi government officers is “unfortunate”.
Reacting on the Supreme Court ruling, Delhi Chief Minister Arvind Kejriwal asked how a government could function if it cannot transfer its officers.
Attacking the BJP, he said, “The party that has 67 seats doesn’t have the rights but the party who won 3 seats has those rights”.
“The SC verdict is unfortunate. It is injustice with people of Delhi,” Kejriwal said.
After having a split verdict on whether the AAP government or the Lieutenant Governor should have jurisdiction over ‘Services’ in Delhi, a two-judge bench of the Supreme Court on Thursday referred the issue to a larger constitutional bench.
While Justice AK Sikri said transfers and postings of Joint Secretaries and officers above will be in the domain of Lieutenant Governor; for those below them, the recommendation will be routed through the Council of Ministers of the elected government in Delhi.
However, Justice Ashok Bhushan differed saying that the Delhi government has no control over appointments.
In case of difference of opinion, LG’s view will prevail, the court observed.
Earlier in the day, party spokesperson Saurabh Bhardwaj said the AAP was hoping that the Supreme Court would give a clear decision in the matter.
“The Delhi government completed four years today. Since it was formed, the Centre has been creating hurdles in the works of Delhi government. We were hoping that after four years, the SC will give a clear decision in the case,” party spokesperson Saurabh Bhardwaj told the media here.
“But the news we are getting is that no clear decision has been made. Now, the matter is being referred to a bigger bench. It is very unfortunate,” he said.
The party MLA also said that the decision was more “unfortunate” for the people of Delhi than it is for the Delhi government.
“There is no clarity till now. Both the judges have different opinions on the transfer and posting matter,” he said.
Bhardwaj further said the officers the government is forced to work with are not under their control, adding that it can’t even replace the officers with another.
“How will a government, which does not even have the power to control which officer will do what, will run an entire state?” he added.
Chief Minister Arvind Kejriwal had been at loggerheads with incumbent Lieutenant Governor Anil Baijal and his predecessor Najeeb Jung. Kejriwal had accused both of them of preventing the functioning of his government at the behest of the BJP-led Central government.