Speaking to reporters, Sisodia had issued a new order making the chief minister as the "approving authority" on the transfers of IAS, DANICS, All India Services Officers, equivalent officers of Central Civil Services/ Provincial Civil Services.
The elected government had no say in the matters of transfer of even the junior most staff in the Delhi government.
"All constitutional functionaries must uphold constitutional morality and must function within the spirit of the Constitution". In order to stop the tussle going on between the LG and Kejriwal government the Supreme Court said that "the relationship between Centre and the State government should be healthy".
Justice Ashok Bhushan said for the executive decisions taken by the council of ministers, adequate safeguards have been given empowering the LG to make a reference to the president in the event there is difference of opinion between decisions of the ministers and the LG.
A day after the Supreme Court ruled that Arvind Kejriwal's government in Delhi doesn't need the Lieutenant Governor's sign-off on every decision, a furious Aam Aadmi Party (AAP) threatened to go to court because its latest order has been rejected by bureaucrats as "legally incorrect". This primacy prevails in areas marked out in the States List of the Constitution, other than those that have been specifically omitted, as in Delhi's case: land, police and public order.
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Since Kejriwal came to power in the state, his government has been in tussle with LG.
According to reports, the Delhi Chief Minister wrote to the Lieutenant Governor on Thursday after his government orders were snubbed by bureaucrats. "He has to either act on the "aid and advice" of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him", CJI Misra, who penned the 237-page lead verdict for himself and on behalf of Justices AK Sikri and AM Khanwilkar, said. Article 239AA provides for special provisions with respect to Delhi.
The SC ruling has hopefully provided closure to a long running political battle between the Centre and Delhi's AAP government over who has primacy in the National Capital Territory (NCT).
However, it argued that the L-G can not act independently and is bound by the advice of the elected council of ministers. From persons holding high office, he said, it is expected that they shall conduct themselves in faithful discharge of their duties so as to ensure smooth running of administration so that the rights of all can be protected.
#10:50 AM: Centre must not usurp Delhi's legislature power: "Union and State governments must collaborate and display harmonious relations".