MHA Might Approach SC over Delhi HC Ruling Over L-G Jung’s Powers
Home Ministry might argue that the Delhi High Court observation came without hearing its views.
The Union Home Ministry is likely to challenge Delhi High Court’s ruling on Centre’s recent notification barring Delhi government’s Anti-Corruption Branch (ACB) from acting against central government officers.
There is a possibility of the Ministry approaching the Supreme Court on Thursday, a senior official said. Its argument will be that the High Court passed the judgement and made observations without hearing the Centre’s view.
Sequence of Events
– Delhi HC was hearing a case of a constable who was held by Delhi’s Anti-Corruption Branch and reserved its order for May 20.
– Union Home Ministry issues a gazette notification on May 21 stating that the ACB shall not take cognisance of offences against officials, employees and functionaries of the central government services.
– Union Home Ministry also gives Lt Governor Najeeb Jung absolute powers on transfers and postings of senior officers.
– On May 25, Delhi High Court terms the Centre’s notification as “suspect” and says that the Lt Governor cannot act on his discretion.
– HC observes that the mandate of the people “must” be respected by the Lt Governor if there was no other “constitutional or legal fetter”.
(With inputs from PTI)
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