A two-judge Supreme Court bench delivered a split verdict on who controls services in the National Capital Region while agreeing the Centre would have control over the anti-corruption branch, PTI reported.
Justices AK Sikri and Ashok Bhushan differed on who had powers to appoint and transfer officers of the State Public Services, Live Law reported.
However, the two judges agreed on issue of anti-corruption branch, revenue, appointment of inquiry commission and public prosecutor.
According to ANI, Justice Sikri held that transfers of posting of Joint Secretary and above officers were in the domain of the Lieutenant Governor, who is appointed by the Centre, while other officers would fall under Delhi government. In the case of difference of opinion, the LG’s view would prevail.
Justice Sikri held that the Delhi government could appoint public prosecutors. The Commission of Inquiry would come under the LG while the Electricity Board would come under the Delhi government, ANI reported.
Justice Bhushan dissented from Justice Sikri on the issue of services and said all the officers would fall under the domain of the Central government.
The court unanimously held that the Centre had the power to set up the Commission of Inquiry and that the anti-corruption branch would come under the LG.
The Supreme Court referred the issue to a larger bench to decide whether the Delhi government or Lieutenant Governor should have jurisdiction over services in Delhi.