GOVT. OF NCT OF DELHI versus UNION OF INDIA

Citation: [2019] 3 S.C.R. 28 · Decided: 14-02-2019 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

Cited by 3 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 3 S.C.R.
GOVT. OF NCT OF DELHI
v.
UNION OF INDIA
(Civil Appeal No. 2357 of 2017)
FEBRUARY 14, 2019
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Constitution of India – Seventh Schedule, List II, Entry 41 –
Exclusion of ‘Services’ relatable to Entry 41 of List II of the Seventh
Schedule from the legislative and executive domain of the NCTD,
by Notification dated May 21, 2015 – Validity of, challenged – The
said Notification in respect of ‘services’ mentions about Union
Territory cadre consisting of Indian Administrative Service and
Indian Police Service Personnel – The notification also refers to
DANICS and DANIPS – All these services are administered by
Central Government through Ministry of Home Affairs – Insofar as
allocation of personnel belonging to these services is concerned, it
is the Central Government through Ministry of Home Affairs which
has to pass the necessary orders – Similarly, Central Government is
empowered to transfer such personnel from one Union Territory to
other – Claim of GNCTD is that it has control over these personnel
after they are allocated to NCTD – However, claim of Union of
India is that it comes within the discretionary powers of the
Lieutenant Governor (LG) as the subject matter is not covered by
Entry 41 of List II – Held:  (Per A.K. Sikri, J.) – Entry 41 of List II
deals with ‘State Public Services’ and ‘State Public Service
Commission’ – It is undisputed that State Public Service Commission
does not exist in NCTD – When dealing with All India Services and
DANICS Services etc., it is also doubtful to mention it as State Public
Service – GNCTD has endeavoured to assume the executive power
in respect of ‘services’ by relying upon Entry 41 of List II, which
may be doubtful – That situation may give discretionary powers to
the LG – On the other hand, it also cannot be said that once the
manpower is allocated to Union Territory of Delhi, the GNCTD
should not have any power to deal with such employees – In such a
scenario, and to avoid any conflict of exercise of powers between
the LG on the one hand and the Council of Ministers with Chief
[2019] 3 S.C.R. 28
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Minister as Head on the other hand, for the smooth functioning of
the system, just and fair mechanism to be carved out – The transfers
and postings of Secretaries, HODs and other officers in the scale
of Joint Secretary to the Government of India and above can be
done by the LG and the file submitted to him directly – For other
levels, including DANICS officers, the files can be routed through
the Chief Minister to the LG –  In case of difference of opinion
between the LG and the Chief Minister, the view of the LG would
prevail and the Ministry of Home Affairs would issue a suitable
notification in that regard – However, for Grade IV, III, II and I
DASS officials, there is an existing delegation of powers where for
Grades IV and III, all transfers and postings are done by the
Secretary (Services); for Grades II and I, the transfers and postings
are done by the Chief Secretary – For greater transparency, a Civil
Services Board can be formed which can be headed by the Secretary
(Services) for Grades IV and III officials; by the Chief Secretary
for Grades II and I level officers – The Board can decide on the
transfer and postings of these DASS cadre officers – Similar Board
can also be formed for DANICS officers – In the interest of good
governance and smooth Governmental function, efforts should be
made by both the Chief Minister as well as the LG for a harmonious
working relation – (Per Ashok Bhushan, J.)(Partly Dissenting) –
Entry 41 of List II of the Seventh Schedule is not available to the
Legislative Assembly of GNCTD – Having held so, there is no
occasion to exercise any Executive power with regard to “Services”
by the GNCTD, since the Executive power of the GNCTD as per
Art.239AA(4) extend in relation to matters with respect to which
Legislative Assembly has power to make laws – With regard to
“Services” GNCTD can exercise only those Executive powers, which
can be exercised by it under any law framed by the Parliament or it
may exercise those Executive powers, which have been delegated
to it – Constitution of India – Art.239AA – Indian Administrative
Services (Cadre) Rules, 1954 – r.2(c).
Constitution of India –  Seventh Schedule, List II, Entry 2 –
Whether the exclusion of the jurisdiction of the Anti-Corruption
Branch (ACB) of the NCTD to investigate offences commit

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