New Delhi: The Supreme Court Friday 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 we will 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.
Senior advocate A M Singhvi, representing the Delhi government, contended before a three-Judge bench led by Chief Justice of India D Y Chandrachud that it was always the Delhi government that appointed and now there is a generic ordinance, and “ what I am objecting is the unilateral decision of the LG."
Solicitor General Tushar Mehta, representing the Centre, submitted before the bench, comprising Justices J B Pardiwala and Manoj Misra, that the chief secretary is appointed by Ministry of Home Affairs (MHA), "even prior to the impugned amendment", referring to the Delhi Services Bill, and that process is midway.
Singhvi said the home ministry made the formal appointment at the recommendation of the chief minister. Mehta did not agree with Singhiv’s contention.
The CJI said that “ultimately MHA has to make the appointment….why don’t you both give us some workable solution which will meet the concerns of the Union government at the same time foster a degree of confidence in the officer in the elected arm of the state….I am sure both of you can give us some way out. One option would be….”.
Mehta requested the court not to give any suggestion as it is difficult to say no thereafter, our hands are tied in discussion. CJI replied, “the LG and the CM meet…last time we said that for the appointment of the chairman of the DERC and they never agreed. Give and take, and both of them would be able to agree… “
Senior advocate Harish Salve, representing the Delhi LG, said there has been a running commentary on the existing secretary and he had to move a court and “get an injunction against the scurrilous attack… and these things are vitiating the atmosphere….”.
Singhvi said ten names can be given in the matter. CJI said: “can we suggest one thing…why don’t you do this, there is a possible way forward.... because if we just leave it sort of an open-ended process for the CM and LG to meet, I don’t think they will break bread. Why doesn't LG propose a panel of names….”.
CJI further added that a panel of names could be suggested by LG and Centre, and “Ultimate choice will be from a panel made by you. You suggest a panel. These people are seasoned IAS officers, good people to work as chief secretary…..Then they (Delhi government) will pick one from that which you suggest….”.
Salve said names shared should not be published on Instagram and Twitter. CJI agreed with Salve’s submission. Mehta accepted the court's suggestion and said he would return with a shortlist as directed. But, at the end of the hearing Mehta, taking a swipe said, "…the officers, the way they're being treated - much is to be said about it." Singhvi shot back, "How will I treat? I have no authority. All officers are under LG.
The apex court has scheduled the matter for further hearing on Tuesday. 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 in view of the contentious ordinance, which gave Centre control over the posting of bureaucrats, and the Delhi government had contended that such appointments could not be made without it being consulted.
On Wednesday the Delhi High Court gave relief to Kumar, directing a news website to take down the article, which was claimed to be defamatory of the current Delhi chief secretary. Kumar, in his plea, sought to take down the article as well as a direction to restrain the news portal and the reporter from publishing any further defamatory articles against him.
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