Delhi High Court’s Ruling on Services in Delhi Government

Yesterday i.e. on 26th December 2022, the Delhi high court has made very important observations on the Issue of Services in Delhi Government. The Delhi High Court Ruled That Delhi being a Union territory, services in Delhi government come under the control of the central government.

What is the Background of the Issue ?

• The Delhi High Court was hearing a matter concerning the creation of a post in the legislative assembly in 2002 and the termination in 2013 of services of the person who had held it.
• The petitioner, who was appointed as the Secretary, DLA in December 2002 consequent to the approval of then Speaker, was terminated from services by the Services Department, Delhi Government in May 2010.

Why did the Delhi High Court Reject the PIL?

• Rejecting the PIL the Delhi High Court also observed that Article 187 of the Constitution, which pertains to appointment of separate secretarial staff, cannot be made applicable to the NCT of Delhi which is not a State but is a Union Territory under the Constitution.
• The court said that the posts in Legislative Assembly of NCT can only be created with the approval of Lt. Governor, Delhi, who is the competent authority.
• Court also said, DLA has no separate secretarial cadre and as such, either the Speaker or any authority of the DLA has no competence either to create such a post or to make appointments to such post.
• So, dismissing the petition, the court said the appointment of the petitioner “is in the teeth of law and cannot be saved” and the “termination cannot be termed as illegal”.

Also Read:

Government of National Capital Territory of Delhi (Amendment) Act, 2021

Key Observations by Delhi High Court on Services Issue?

• Justice Chandra Dhari Singh said that the services under the NCT of Delhi are necessarily the services of the Union and they are expressly covered only by Entry 70 of List I.
• Delhi, unlike states, has no state public service commission.
• The legislative assembly of NCT of Delhi has no legislative competence to legislate in respect of any subjects covered under Entries 1, 2 and 18 of State List and Entry 70 of the Union List.
• In view of Section 41 of the Government of National Capital Territory of Delhi Act, 1991, the lieutenant governor is required to act in his discretion in respect of these matters and not on the aid and advice of the council of ministers.
• The court held that the appointments to the position of Secretary, DLA fall outside the purview of the office of Speaker, Delhi Legislative Assembly (DLA) as the appropriate appointing authority was the LG and the appointment of the petitioner was “vitiated by fraud and is void ab initio”.
• It further observed that in the instant case, there was also no consultation with the UPSC at the time of appointment by way of absorption of the petitioner to the post of joint secretary and then promotion to the post of secretary, which was contrary to law.
• The court also observed that Article 187 of the Constitution, which pertains to appointment of separate secretarial staff, cannot be made applicable to the NCT of Delhi which is not a State but is a Union Territory under the Constitution.

FAQs on Services in Delhi Government

Q. Article 187 of the Constitution is related to which matter?

Ans. Article 187 of the Indian Constitution is one such article that revolves around the Secretariat of the State Legislature. It pertains to appointment of separate secretarial staff, but cannot be made applicable to the NCT of Delhi which is not a State but is a Union Territory under the Constitution.

Q. Which Articles In Part VI Of The Indian Constitution Are Related To The State Legislature?

Ans. Articles 168 to 212 are the articles which contain provisions related to the state legislature. These articles come under Part VI of the Indian Constitution.

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