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Delhi government move HC against MHA notification

New Delhi: The Arvind Kejriwal-led Delhi government on Thursday moved the Delhi High Court challenging the Ministry of Home Affairs May 21 notification that said Lt. Governor Najeeb Jung has discretionary power over appointments and

India TV News Desk India TV News Desk Updated on: May 28, 2015 15:06 IST
delhi government move hc against mha notification
delhi government move hc against mha notification

New Delhi: The Arvind Kejriwal-led Delhi government on Thursday moved the Delhi High Court challenging the Ministry of Home Affairs May 21 notification that said Lt. Governor Najeeb Jung has discretionary power over appointments and transfers of key bureaucratic posts in the capital.

The Delhi government mentioned the matter before a division bench of Justice BD Ahmed and Justice Sanjeev Sachdeva, which posted the matter for Friday.

A week after a very public power tussle erupted between Lt. Governor Najeeb Jung and the AAP government in Delhi over posting and transfer of senior officers, the Home Ministry on May 21 clarified that the former could exercise powers on issues of public order and services.

"The state legislative assembly shall have power to make laws for the whole or a part of National Capital Territory of Delhi with respect to any of the matters enumerated in the State list or Concurrent list so far as any such matter is applicable to union territories, except matters with respect to Public Order, Police and Land, clarified a Home Ministry notification.

The notification said that Lt. Governor remained the administrator of the union territory.

"Article 239AA inserted by the Constitution (Sixty-ninth Amendment Act, 1991) provides that the UT of Delhi shall be called NCT of Delhi and the administrator thereof shall be designated as Lt. Governor," is further said.

The AAP government, which took office in February this year, has been asserting its administrative powers on posting and transfer of senior officers, particularly from the Indian Administrative Service (IAS).

The tussle between Jung and the Kejriwal government started over the appointment of senior bureaucrat Shakuntala Gamlin as the acting Chief Secretary on May 15.

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