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PART I Union Public Services Commission unless authorised to do so by the Central Government.

(3) All correspondence with Union Public Service Commission and the Central Government regarding recruitment and conditions of service of persons serving in connection with the administration of National Capital Territory shall be conducted by the Chief Secretary or Secretary of the Department concerned under the direction of the Lieutenant Governor.”

(emphasis supplied)

The Rule provides that the Lieutenant Governor shall exercise such powers and functions with respect to persons serving in the “administration” of NCTD, “as may be entrusted to him under the provisions of the rules and orders regulating the conditions of service of such persons or by any other order of the President”. The term “administration” in this Rule must be considered in the context of Article 239AA(3) and Section 41 of the GNCTD Act. The executive administration by the Lieutenant Governor, in his discretion, can only extend to matters which fall outside the purview of the powers conferred on the Legislative Assembly but it extends to powers or functions entrusted or delegated to him by the President” or “in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions”. The term “administration” cannot be understood as the entire administration of GNCTD. Otherwise, the purpose of giving powers to a constitutionally recognised and democratically elected government would be diluted.

93. Therefore, the phrase “persons serving in connection with the administration of the National Capital Territory” in Rule 46 shall refer only to those persons, whose