Delhi HC refuses to stay Centre's notification

May,29,2015: The Delhi High Court on Friday refused to stay the May 21 notification issued by the Ministry of Home Affairs granting absolute powers to Lieutenant Governor in certain matters, including appointments and transfers to key bureaucratic posts in the Capital. The Aam Aadmi Party Government had challenged the notification, contending that it violated the constitutional provisions.

Justice Rajiv Shakdher of the High Court, hearing the Delhi Government's writ petition, issued notice to the Union Government and asked it to file an affidavit providing details of the practices followed in the past on posting and moving bureaucrats in Delhi and other Union Territories.

The Court said the L-G would continue to take decision on the Delhi Government's request to place certain officers till a final decision was taken on the writ petition. With this direction, the Court effectively refused to change the primacy given by the notification to the L-G in the Capital's administrative set-up.

The AAP Government had contended in its petition that the Centre had sought to usurp and arrogate to itself a wide range of powers, falling under the subject “services”, in an unconstitutional and illegal manner.