NEW DELHI: The Centre on Tuesday faulted CM Arvind Kejriwal for getting a protest rally against LG V K Saxena at a time when the Supreme Court is adjudicating the Centre-Delhi conflict over services.
SG Tushar Mehta told the peak court, Constitutional functionaries are staging demonstration rallies.
Protests and theatrics can not be a substitute for court procedures.
Advocate AM Singhvi, appearing for Delhi government, replied, Theres a lot Delhi could implicate the Union federal government when it is about stalling genuine exercise of legislative and executive powers of the Delhi government.
Supreme Court: Cant Delhi have autonomy on officer posts? Resuming his arguments prior to a bench of CJI D Y Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha on the issue of the Centre-Delhi conflict over who manages services, lawyer general Tushar Mehta on Tuesday took a dig at CM Arvind Kejriwals protest rally requiring the LGs nod to allow select teachers to go to Finland for training.
Mehta declared theatrics coupled with consistently feeding lies ...
would not yield results in a constitutional court.
I do not want to minimize the level of arguments to the level of theatrics, Mehta said.Senior advocate AM Singhvi, arguing for the Delhi government, rebutted Mehta and stated the issues prior to the Supreme Court are purely constitutional and there is no need to lower the argument to any level aside from the Constitution .
The bench called a truce in the courtroom tussle in between perennially squabbling governments, one led by BJP at the Centre and the other by AAP in Delhi, by saying, We can not choose the constitutional concerns occurring in this case on anything except using the example of the Constitution.
While identifying the location of eminence provided on Delhi being the national capital, which in spite of being a UT has a legislature and a chosen federal government, and required central control over its general administration, the bench asked the SG whether the Delhi federal government could be given control over publishing of bureaucrats.
Can the Delhi federal government not have autonomy about where the bureaucrat is to be posted? Suppose the federal government finds a bureaucrat is preferable in the health department than transport, ought to it be not allowed to shift the bureaucrat for more productive usage, the bench asked.The SG stated the Delhi government and its ministers have complete practical control over the bureaucrats and can move a civil servant from one department to the other by sending out the request to the cadre managing authority in the Union ministry of home affairs through the LG.No bureaucrat can be disobedient or indifferent to the orders of ministers as all senior bureaucrats Annual Performance Appraisal Report (APAR), which is crucial to their career progression, is written by the Delhi CM, who has provided between 9 and 10 marks out of an optimum of 10 marks for the last 3 years.Singhvi will continue his action to the SGs submissions on Wednesday, the last day of arguments after which the SC would reserve decision on the contentious issue of control over services.