Can't bypass LG's authority in transfer, posting: Centre to HC

The political authority of Delhi cannot bypass the authority of Lieutenant Governor (LG) in matters of transfer and posting of public servants, the Centre today told the Delhi High Court.
"The chief secretary has to do all the correspondences under the authority of the LG. The political authority cannot bypass LG's authority in matters of service/transfer/postings and UPSC is the ultimate authority in this matter," Additional Solicitor General (ASG) Sanjay Jain told the bench of Chief Justice G Rohini and Justice Jayant Nath.
Referring to Rule 45 of the Transaction of Business Rules, the ASG said that LG can or may regulate the transaction of business.

"Delhi does not have its own public service commission. It is provided by the Union Government and the cadre control is with the Centre and the LG comes into picture here as he is empowered to function as an executive authority," he said.
The ASG said decisions taken by LG are in his executive capacity and he has been given wider powers as compared to the Governor of a state.
The arguments remained inconclusive and would continue on February 25.

The ASG was addressing arguments during final hearing on the issue of interpretation of Article 239AA regarding the powers of the LG on the governance of Delhi.

A total of eleven cases arising out of the spat between the LG and the Delhi government, are being heard together by the bench headed by the Chief Justice.
On February 4, the Centre had told the court that the LG has statutory powers to disagree with the city government and when a decision is taken in his name, files have to be shown to him. Earlier, the Centre had said that Delhi remained in its control as it was not a full-fledged state.
The Delhi government on May 28 last year had approached the high court challenging the Centre's notification of May 21 giving LG absolute powers to appoint bureaucrats in the city.

Along with this notification, Delhi government had also challenged the July 23, 2014 notification of the Centre which limited the Anti Corruption Branch's jurisdiction to Delhi government officials only.