Officers not complying with SC order will be liable for contempt: Delhi govt

New Delhi: The Supreme Court verdict giving the Delhi government control over Services matters has come into force with "immediate effect" and any officer not complying with it will be held liable for contempt of court, the city government has said.

The city government's Services department had sought the opinion of the Law department after the top court's verdict last week.

"The judgment of the Constitution Bench has come into force with immediate effect. Any officer not giving effect to the judgment of the Constitution Bench shall be held liable for contempt," said a note signed by Law Minister Kailash Gahlot.

Gahlot also said the opinion of the Law department's principal secretary was read by him and it "appeared to be more of a practical advice rather than a strict legal opinion. His opinion also suffers from inherent contradictions".

The Services department had also sought the opinion of the Delhi government's standing counsel (civil) on the implementation of the verdict.

The Supreme Court said the Delhi government has legislative powers over Services matters and the Lt Governor is bound by the aid and advice of the council of ministers, the note stated.

The judgment has retrospective effect, it added.

"...not complying with any direction of the Government of Delhi for the reason of awaiting judgment of a regular three (judge) bench is nothing but defiance of the order passed by the Constitution Bench and is an attempt to undermine the authority of not only the Government of Delhi but also the Constitution Bench, which is highly undesirable and contemptuous in nature," the note added.

The top court's verdict is immediately applicable and the council of ministers must start discharging its responsibilities with respect to Services with immediate effect, the note stated.

"The decision of the Regular Bench will have to be in conformity with the decision of the Constitution Bench. The regular bench is bound by the decision of the Constitution Bench," it said.

After the Supreme Court verdict, the Lt Governor cannot exercise executive control over Services anymore, the note further said.

If the council of ministers waits for the Regular Bench decision to discharge its responsibilities with respect to the Services matter, transfer and postings will not be executed and there will be a "vacuum" in governance, it pointed out.

A five-judge Constitution Bench headed by Chief Justice DY Chandrachud, in a unanimous verdict, put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 Ministry of Home Affairs notification asserting its control over Services, holding the National Capital Territory administration is unlike other Union Territories and has been "accorded a 'sui generis' (unique) status by the Constitution".