"Don't you have any other IAS officer?": SC bench asks Centre during plea against extension to Delhi chief secretary
Nov 28, 2023
New Delhi [India], November 28 : As the Centre said it intends to extend the tenure of Delhi's incumbent Chief Secretary Naresh Kumar, who is scheduled to retire on November 30, the Supreme Court asked why it was stuck with one person for the post.
The bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra also asked the central government to show its power and grounds for the extension of the tenure of the chief secretary.
"Don't you have any other IAS officer who can be the Chief Secretary? You can appoint whomever you want. Why are you stuck with only one who can be the Chief Secretary of Delhi," the bench told Solicitor General of India Tushar Mehta, who was appearing for the central government.
Mehta told the bench that it planned on extending the tenure of the existing chief secretary, Naresh Kumar, for a limited period.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, objected to Mehta's statement saying that there existed an absolute lack of faith between the current Chief Secretary and the Delhi government.
Singhvi further told the bench that unilateral extension of the term of the chief secretary without the aid of the Delhi government could not be upheld as valid.
He asked the top court to consider alternatives and suggested selecting a candidate from a panel or appointing the senior-most IAS officer.
The Solicitor General said the central government has the power to extend the tenure.
To that, the bench said, "Show us the powers to extend by tomorrow. Ultimately their point is why are you insisting on only one name or else just make the appointment."
Last week, the apex court asked Delhi's Lieutenant Governor and the Centre to propose a panel of names, adding that the Delhi government may choose one of them for the post of chief secretary for the national capital.
It asked the Centre and the L-G to share candidates' names while also directing the former to submit the list of the shortlisted candidates by Tuesday.
The apex court was hearing a plea filed by the Aam Aadmi Party (AAP) government in Delhi against the Centre for extending the tenure of Chief Secretary Kumar.
The Delhi government, in its plea, objected to any move by the Centre to appoint, without any consultation with it, the new chief secretary or extend the tenure of Naresh Kumar who, otherwise, is set to demit office on November 30.
The Government of National Capital Territory of Delhi (Amendment) Act, notified in August, gives the Centre control over bureaucracy in Delhi and an authority was created under it for the transfer and posting of Group-A officers.
The plea alleged the 2023 Amendment Act is in violation of the 2023 Constitution bench judgment which renders the Delhi government a mere observer in the appointment of the most crucial member of the permanent executive.
