Services matter still pending with SC; no final view: MHA

The Centre tonight asserted that it will be against the law to take a final view on the matter related to services as it is still pending before the Supreme Court, after Chief Minister Arvind Kejriwal alleged that the Union government and the Lt Governor were refusing to obey the apex court order on it.

In a statement, the Home Ministry also denied that it had given advise to the LG to the ignore the Supreme Court order on powers related to Delhi government. It said the suggestion that it has advised the LG to not follow the Supreme Court order was "misleading".

The Ministry's reaction came after Kejriwal claimed that Lt Governor Anil Baijal had refused to give control of the services department to the city government despite the apex court order earlier this week. He claimed that Baijal had sought advice from the Ministry of Home Affairs and was told that services should not be given to the Delhi government.

"The MHA has not advised the LG to ignore any part of the SC order. This is a misleading statement," the Union Home Ministry said, adding it has only advised the LG, based on a reference received from him, to follow the law.

"This advice is based on the Ministry of law's opinion that the Constitutional bench of the Supreme Court has clearly ordered that the matter be placed before the appropriate regular bench.

"In fact it would be against the law to take a final view on the matter related to services which is still pending before the regular Bench.

"This is also in accordance with the Proviso to Article 145(3) of the Constitution," it said.

Hours after the Supreme Court's landmark judgement on July 4 on powers of the Delhi government, the Kejriwal government introduced a new system for transfer and postings of bureaucrats, making the chief minister the approving authority.

However, the services department refused to comply, saying the Supreme Court did not abolish the notification issued in 2015 which made the MHA the authority for transfers and postings.

Kejriwal today said, "The Supreme Court said that except three subjects, police, land and public order, Delhi government will have executive power on other subjects. LG does not agree that control of services should be handed over to Delhi government."