AAP Vs L-G: Centre has power over ACB, rules Supreme Court

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The Supreme Court on Thursday pronounced its decision to settle the power tussle between Aam Aadmi Party government in Delhi and the Centre.

The top court ruled in a major setback to the Arvind Kejriwal-led Aam Aadmi Party (AAP) government in the capital that anti-corruption bureau in Delhi which investigates complaints against officers is under the centre’s control.

A two-judge bench comprising Justices AK Sikri and Ashok Bhushan said only Centre has the power to set up an inquiry commission While the issue over control of services has been referred to a larger bench.

Justice AK Sikri and Justice Ashok Bhushan could not decide on who should have powers over officers in Delhi.

Justice Sikri believed that the transfers of posting of high-level officers of the rank of Joint Secretary and above should be in the domain of the Lieutenant Governor – who represents the centre while other officers fall under Delhi government.

However, Justice Ashok Bhushan has a different view.

The Aam Aadmi party expressed its dissent over Supreme Court verdict to refer the issue of control of services to a larger 3-judge bench.

The matter is now being referred to a higher bench due to the difference of opinion between Justice Sikri and Justice Bhushan.