Arvind Kejriwal govt moves Supreme Court against HC judgement on Delhi LG's powers
On August 04, Delhi HC had held that AAP government's contention that Delhi LG was bound to act on the advice of Council of Ministers was 'without substance'.
Delhi: Weeks after the High Court had held that Delhi LG was the administrative head of the National Capital Territory, the Arvind Kejriwal government on Wednesday moved the Supreme Court against the judgement.
On August 04, the HC had held that AAP government's contention that Delhi LG was bound to act on the advice of Council of Ministers was 'without substance'.
After the verdict Lt Governor Najeeb Jung had said that he felt sorry for Delhi CM Kejriwal and that his interpretation of the Constitution was 'laughable'.
He had added that all issues raised by AAP government had been declared wrong by the court and had suggested that approaching the apex court on the matter would be futile.
A bench of Chief Justice G Rohini and Justice Jayant Nath had dismissed Kejriwal government's plea challenging the Centre's May 21, 2015, notification giving absolute powers to LG in appointing bureaucrats in the national capital.
The court had also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of the LG.
While pronouncing the verdict, the HC had said that Centre's May 21, 2015, notification barring Delhi government's anti-corruption branch from proceeding against Central government employees was neither illegal nor unsustainable.
It had also said that service matters 'fall outside the jurisdiction of Delhi Legislative Assembly and the LG exercising the powers in such matter was not unconstitutional'.
The AAP government on May 28 last year had moved the HC, a day after the Centre had approached the SC challenging an order of the High Court which had termed as 'suspect' the Union Home Ministry's notification barring the city government's ACB from acting against its officers in criminal offences.
The Delhi government had argued that in a democratic set up there could not be two reporting authorities - the LG and the CM.
The AAP government has also sought quashing of July 23, 2014 notification, issued by MHA at a time when Delhi did not have an elected government and was under direct rule of the Centre, restricting the executive power of GNCTD acting through ACB to investigate officers and employees of the city government only.
(With PTI inputs)