MHA Notification Case: Supreme Court Sends Notice To Delhi Government

29/05/2015 12:44 PM IST | Updated 15/07/2016 8:25 AM IST
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Anti-corruption champion and Aam Admi (Common Man) Party Leader Arvind Kejriwal (R) takes his oath of office as Chief Minister of India's national capital region from Delhi's Lt. Governor Najeeb Jung (L) at a ceremony in New Delhi on December 28, 2013, in what supporters hoped would mark a turning point in the nation's graft-ridden politics. Cheers rang out as Kejriwal, who arrived for the ceremony on the city's subway, took the oath office in front of tens of thousands of supporters assembled in a Delhi park wearing white caps emblazoned with Kejriwal's slogan, 'I am a common man'. AFP PHOTO/RAVEENDRAN AFP/AFP/RAVEENDRAN/STF /rr/fk (Photo credit should read RAVEENDRAN/AFP/Getty Images)

NEW DELHI -- The Supreme Court on Friday described as "tentative" a high court observation that the central government's May 21 order giving Delhi's lieutenant governor the final say in posting and transfers of bureaucrats was "suspect", even as it issued notice to the city government on the issue.

An apex court vacation bench of Justices A.K. Sikri and U.U. 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 the Lt Governor should respect the democratic mandate and act on the aid and advise of the council of ministers.

While saying that observation in paragraph 66 of the high court judgement holding notification suspect as tentative, the apex court said that in respect of other paragraphs it will a call only after receiving reply from the Delhi government.

The court further said that the high court while deciding Delhi government's writ petition challenging May 21 notification will decide the same independently and without being influenced by the observations contained in the high court judgement of May 25 which was sought to be stayed by the central government in their plea before the Supreme Court.

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