New Delhi:The Supreme Court on Tuesday queried the Central government whether it was stuck with one person as the Chief Secretary of capital while questioning the necessity of extending the tenure of the incumbent Delhi Chief Secretary Naresh Kumar. The apex court also asked the Centre to show its power and grounds for the extension of the tenure of the incumbent Chief Secretary.
A three-judge led by Chief Justice of India DY Chandrachud asked Solicitor General Tushar Mehta, representing the Centre, are you just stuck with one person? The Delhi government is saying appoint whoever you want but not him. “You want to make the appointment. You make the appointment. Don't you have any other IAS officer, who can be the Chief Secretary," said the bench, also comprising justices JB Pardiwala and Manoj Misra.
Mehta said the way, which found that till the court decides the validity of the Act, the person, who is in the saddle and the one person with whom the entire state government is afraid can continue and pressed, “Let him continue for some time”. “But the Delhi government is saying you appoint whoever you want…are you so stuck on one IAS officer…” the CJI told Mehta. The Solicitor General replied that there were several administrative reasons for the same.
“Show us the power to extend and show us the ground on which you have to extend….”, the CJI told Mehta. Senior advocate AM Singhvi, representing the Delhi government, said there should not be one blue-eyed favourite. Mehta disagreed with Singhvi and said, “The government is afraid of one person…”.
The CJI told Mehta, “You make an appointment. We are not holding you down…you select any IAS officer of your choice…ultimately they have a point, why are you insisting on only one name…you don’t go by this that you will give them a panel. You appoint any IAS officer from the cadre to the post of Chief Secretary”.
Mehta requested the court to take up the matter the day after tomorrow. The CJI said the court will hear the matter tomorrow as the incumbent Chief Secretary is also approaching his superannuation. Singhvi said it is an ego issue. Mehta shot back saying that it is not an ego issue and said, “We will respond”.
During the hearing, Singhvi, raised concerns about the extension being a unilateral decision, bypassing established procedures and highlighted that the apex court itself had ruled that the Lieutenant Governor was bound by the aid and advice of the Council of Ministers. However, the apex court pointed out that the Government of National Capital Territory of Delhi (Amendment) Act, 2023, was in force which grants the Centre power to appoint the chief secretary of Delhi. The bench reminded Singhvi that even though the Act is under challenge, it has not been stayed by the apex court.
On November 24, the Supreme Court had said if there were to be an open-ended process for the Delhi Chief Minister (CM) Arvind Kejriwal and Lieutenant Governor (LG) VK Saxena, then they would not break bread while asking the Centre to propose a list of five names for the appointment of new Chief Secretary and then the Delhi government could pick from that list. The apex court was hearing a plea by the Delhi government against the Centre extending the tenure of the current Chief Secretary Naresh Kumar, who retires this month, or appointing a new official. The challenge was given the contentious ordinance, which gave the Centre control over the posting of bureaucrats, and the Delhi government had contended that such appointments could not be made without it being consulted.
Also read: 'Purpose is publicity', Supreme Court junks Prashant Bhushan's PIL against use of public servants for electoral gains
