Supreme Court: The matter of transfer-posting of Delhi officials handed over to the Constitution Bench, a five-judge bench will hear on May 11

Expansion

The dispute between the Center and the Delhi government regarding the transfer-posting of officers has now reached the Constitution Bench. The Supreme Court, while hearing the matter on Friday, referred the matter to the Constitution Bench. Now on May 11, a five-judge bench will hear the matter. Along with this, CART has said that, this matter will be disposed of at the earliest. Therefore, neither party should apply for adjournment of the hearing.

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Actually, the Delhi government is demanding complete control over the officers. A petition was filed in the Supreme Court regarding this, on which hearing is going on. On the other hand, Solicitor General Tushar Mehta, on behalf of the Central Government, had demanded to refer the matter to the Constitution Bench for hearing.

Right of transfer-posting with the Lieutenant Governor

Let us inform that after the amendment in this matter by the Central Government last year, the right of transfer-posting of officers in Delhi is with the LG i.e. the Lieutenant Governor. Significantly, 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. The Delhi government is opposing this amendment.

The first two-member bench had heard

This petition was first heard by a two-member bench. A two-member bench of the Supreme Court had recommended the formation of a three-member bench for the matter. On 14 February 2019, Justices AK Sikri and Ashok Bhushan recommended to the CJI that a three-member bench be constituted for hearing. Both these judges are now retired. Now this matter has been sent to the Constitution Bench, on which a five-judge bench will hear.

different decisions were pronounced

While hearing earlier, Justice Bhushan had ruled that the Delhi government does not have the right to any administrative service. However, Justice Sikri had said that the transfer and posting of officers of the rank of Joint Director or above can only be with the Central Government. On the other hand, in case of difference of opinion on other administrative posts, the decision of the Lieutenant Governor will be valid.