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The BJP-led Central government has filed a review petition before the Supreme Court seeking a review of its constitution bench judgment in the service row between the Aam Aadmi Party-led Delhi government and the Centre.
The review petition was filed on Friday, the same day when an ordinance was passed by the Centre introducing a new authority which would be tasked to recommend transfers and postings of top bureaucrats serving the Government of the National Capital Territory of Delhi (GNCTD).
The ordinance came a week after the Supreme Court handed over the control of services in Delhi to the elected government, excluding those related to police, public order and land.
Centre Issues Ordinance on Transfer, Posting of Group A Officers in Delhi
The Centre on Friday promulgated an ordinance to create a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
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 will comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who will be the member secretary to the authority, it said.
The National Capital Civil Service Authority will meet at a time and place as the member secretary decides with the approval of the chairperson of the authority, as and when required, it said.
“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.
AAP Govt To Move SC Against Centre’s Ordinance
The AAP on Saturday said the Centre’s ordinance on the transfer of bureaucrats in Delhi is “unconstitutional” and a move to snatch the power given to the Delhi government by the Supreme Court in services matters.
Addressing a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation.
The AAP government will also move the top court challenging the Centre’s ordinance.
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