The Delhi High Court Thursday refused to entertain a plea challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Central Government.
A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the issue of challenging the constitutional validity of the ordinance is already pending before the Supreme Court and granted liberty to the petitioner to approach the apex court.
“Will the Supreme Court and the high court hear the same matter? You approach the Supreme Court,” the bench said.
The high court allowed the petitioner to withdraw the petition.
“It is noticed that the challenge to the constitutional validity in respect of such ordinance is pending before the Supreme Court and the matter is listed today.
“The petitioner seeks withdrawal of the petition with a liberty to moved an appropriate application in the pending matter. The writ petition is disposed of as withdrawn with the liberty,” the bench said.
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to create an authority for transfer and posting of Group-A officers in Delhi, which triggered a clash with the Arvind Kejriwal government.
“The ordinance also envisages creation of a National Capital Civil Services Authority headed by the Chief Minister of Delhi who shall make recommendations for transfers and postings of administrative officers in NCTD which shall be finalised by the LG,” it said.
The petition said the Lieutenant Governor (LG) of Delhi has been given overriding powers to act in discretion in cases of conflict of decisions with the committee headed by the Chief Minister of Delhi.
The plea claimed the ordinance has been brought to nullify the effect of the Supreme Court’s May 11 constitution bench judgement which had said the Delhi government has legislative and executive powers over administration of services except for public order, police and land.