Center vs Kejriwal: Whose right on transfer-posting of officers? Supreme Court hearing on November 9

Posted on 27th Sep 2022 by rohit kumar

The Supreme Court has fixed the date of hearing on the petition of the Kejriwal government seeking the right of transfer-posting of officers in Delhi. A five-judge constitution bench headed by Justice DY Chandrachud will now begin hearing the matter on November 9. Explain that the Delhi government is demanding complete control over the officers including transfer posting.

 

At present, the right of transfer-posting is with the LG.

 

Let us inform you that since the amendment in this matter by the Central Government last year, the right of transfer-posting of officers is with the LG i.e. the Lieutenant Governor. It is worth noting that during the last hearing, Solicitor General Tushar Mehta had said on behalf of the Center that this matter is also related to the amendment to the Delhi Act.

 

What does the Delhi government have to say?

 

The Delhi government says that in the Supreme Court's decision, the central government has got authority only in the matter of land, police, and public order i.e. law and order, so it can transfer posting of the officers related to them. But the Central Government had amended the Government of NCT of Delhi Act in 2021 related to running the Delhi government, under which many more powers were given to the Lieutenant Governor. The Delhi government has also challenged this amendment.

 

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