New Delhi: The Delhi government Thursday told the Delhi High Court that the Lt Governor can create new posts and increase the work force in the subjects under his discretion but “cannot decide who to be posted and where to be posted”.
The Delhi government also told Justice V.P. Vaish that once a bureaucrat was allocated a cadre and comes to the government, the concerned department decides his duties and work and not the Lt Governor.
Appearing for the Delhi government senior advocate Dayan Krishnan said under the constitutional provisions and transaction of business rules the Lt Governor was required to act on the aid and advice of the council of ministers.
The Lt Governor was not the elected government in Delhi, state government means government of NCT of Delhi, said Krishnan.
The Delhi government has to only inform the Lt Governor about the proposals and he has to act on the aid and advice of the council of ministers, Krishnan told the court.
The court was hearing a Delhi government plea challenging the May 21 notification of the centre giving the Lt Governor absolute powers to appoint bureaucrats to various posts in the Delhi government and barring the Anti Corruption Bureau from proceeding against any staff under the Centre’s control.