DANICS, DANIPS officers in national capital under Delhi govt control: AAP govt tells SC

The Delhi government today told the Supreme Court that officers of the DANICS and DANIPS cadres posted in the national capital are controlled by it and has powers to order their transfer and postings.

The Aam Aadmi Party (AAP) government said DANICS and DANIPS officers are not controlled by the Centre through the lieutenant governor (LG) as long as they are posted in the national capital.

A bench of justices A K Sikri and Ashok Bhushan was told by senior advocate P Chidambaram, appearing for the Delhi government, that the LG cannot control or order the transfer and posting of such officers.

"DANICS and DANIPS are common cadre and the cadre rules says that they will be controlled by the Delhi government as long as they are posted in the national capital. The LG does not control the services. He cannot control or order their transfer or postings," Chidambaram said.

He said DANICS and DANIPS cadre officers are also posted in the Union Territory of Andaman and Nicobar Islands, but as they are working in the national capital, they will be under the Delhi government's control.

"If DANICS and DANIPS officials are posted out of Delhi, then they go out beyond my control. That's the cadre rule which says the officials will be controlled by the government of the state in which they are posted," the senior lawyer said.

On the outset, senior advocate Kapil Sibal, also appearing for the Delhi government, said, "Our Constitution is that executive powers of the Union will not interfere with the legislative powers of the assembly."