LI Network
Published on:18 July 2023 at 11:20 IST
The Centre informed the Supreme Court that the ordinance on control of services in Delhi was promulgated due to officers working in the vigilance department being “targeted” and subjected to humiliation by the city government.
In an affidavit submitted to the apex court, the Centre argued that after the May 11 judgment by a constitution bench, Delhi government ministers initiated a “witch-hunt” and harassed officers to influence their decision-making processes.
According to the Centre, the elected government specifically targeted officers in the vigilance department, which deals with serious issues of corruption, including criminal and politically sensitive cases. The affidavit highlighted incidents of trespassing into the chamber of the Special Secretary (Vigilance) and unauthorized possession of certain files.
The Centre further criticized the elected government for its insensitive treatment of senior and subordinate officers of the vigilance department, repeatedly insulting and humiliating them.
The affidavit emphasized that the files of the vigilance department contained highly sensitive information, including alleged excise scams, expenses related to the construction of the chief minister’s new residential bungalow, and documents pertaining to political party advertisements funded by the Delhi government.
During the hearing, Chief Justice D Y Chandrachud indicated that the court was considering referring the Delhi government’s petition against the Centre’s recent ordinance on the control of services to a constitution bench for adjudication. The Supreme Court had previously issued notices to the Centre and the lieutenant governor on the plea but refused to grant an interim stay on the ordinance.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Centre on May 19, seeks to establish a National Capital Civil Service Authority for the transfer and disciplinary proceedings of Group-A officers in Delhi. The ordinance came after the Supreme Court granted control of services in Delhi (excluding police, public order, and land) to the elected government.
The Aam Aadmi Party (AAP) government criticized the ordinance, considering it a deception in light of the Supreme Court’s verdict on control of services.
The affidavit filed by the Centre argues that the ordinance is in accordance with the existing constitutional governance framework for the National Capital Territory of Delhi as provided under Article 239 read with 239AA of the Constitution.
