The Centre has promulgated an ordinance notifying rules for the Government of National Capital Territory of Delhi (GNCTD) concerning "transfer posting, vigilance, and other incidental matters", effectively placing the control over services with the Lieutenant Governor, days after the Supreme Court granted it to the elected Delhi government.

The ordinance paves the way for the creation of the National Capital Civil Service Authority, which will be responsible for handling transfer and disciplinary proceedings concerning Group A officers from the DANICS (Delhi, Andaman and Nicobar Islands Civil Service) cadre.

The National Capital Civil Service Authority will be headed by the Delhi Chief Minister and will comprise the Chief Secretary and Home Secretary of Delhi government.

Decisions on transfer posting, vigilance and other incidental matters would be taken based on the majority vote of the committee members and the same would be sent to the Lieutenant Governor for final decision. In case of a difference in opinion, the decision of the Lieutenant Governor will be final.

Delhi Chief Minister Arvind Kejriwal observed that such an ordinance would be a betrayal of the people of Delhi. He asserted that the decision of the Constitution Bench of the Supreme Court should be respected.

Also read: Delhi vs Centre: SC favours state control over services

In a long standing tussle between the AAP-led Delhi government and the BJP-led Centre, the Constitution Bench of the Supreme Court had last week given the control of services to the elected government of Delhi, stating that in a democratic form of governance, the real power of administration must rest on the elected arm of government.

It had said that the Lieutenant Governor is bound by the decision of the government, and that the LG is also bound by the aid and advice of the council of ministers. The court clarified that while the LG has powers, these were not over administration, "otherwise the purpose of having a separate elected body in Delhi will be rendered futile".

"If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable," said the Chief Justice.

(Edited by : Pradeep John)