
The central government in India on Friday (May 19) issued an ordinance to constitute the 'National Capital Civil Services Authority' in the national capital.
The ordinance comprises of Delhi CM, Chief Secy and Home Secy of the Delhi government and it will now decide on the transfer and posting of Group 'A' officers and DANICS officers serving in Delhi government.
"Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final," the order read.
The ordinance comes a week after the Indian Supreme Court (SC) handed over the control of services in the national capital to the Delhi government. Police, public order and land were excluded.
A few days ago, SC ruled that the New Delhi government has legislative and executive powers over services, a massive boost to the ruling Aam Aadmi Party (AAP)'s government in the capital of the nation.
SC heard the Centre versus the Delhi government case over the demarcation of power. A constitution bench headed by Chief Justice DY Chandrachud said an elected government needs to have control over the administration.
"All matters required to be decided by the authority shall be decided by a majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary," the ordinance said.
The ordinance said that "there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it".
The authority is supposed to meet at a time and place as the member secretary decides with the approval of the chairperson.
"The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit....
"Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A' officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter," it read.
Meanwhile, earlier in the day, Delhi Chief Minister Arvind Kejriwal alleged that the Centre was planning to bring an ordinance to overturn the apex court verdict.
Public Works Department (PWD) Minister Atishi said the Centre's ordinance is a "clear-cut case of contempt of court".
As quoted by news agency PTI, She said, "The Modi government has gone against the unanimous decision of the Supreme Court's constitution bench. The court had directed that the elected government be given powers to take decisions independently, as per its will, as per the principles of democracy."
"But the Centre's ordinance is a reflection of the (Narendra) Modi government being a graceless loser. The Centre's sole motive to bring this ordinance is to snatch powers from the Kejriwal government," she added.
AAP chief spokesperson and Services Minister Saurabh Bharadwaj said the Centre had "deceived" the people of Delhi.
"This has never happened in the history of the country. This is deception committed with the Supreme Court and the people of Delhi who have chosen Kejriwal thrice to be the CM. He doesn't have any powers but the LG, who has not even been chosen but forced upon people, will have powers and through him the Centre will keep tabs on the work happening in Delhi. This is contempt of court," he said.
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