SC asks Delhi LG, Centre to propose panel of names for Chief Secretary
Nov 24, 2023
New Delhi [India], November 24 : The Supreme Court asked the Lieutenant Governor of Delhi and the Centre on Friday to propose a panel of names and the Delhi government may choose one of them for the post of Chief Secretary of the national capital.
A bench headed by Chief Justice of India DY Chandrachud asked the Centre and LG to share candidates' names and the Centre was directed to provide the shortlisted candidates' names to the court by Tuesday.
The bench also asked why LG VK Saxena and Chief Minister Arvind Kejriwal cannot meet and amicably discuss names for the post.
"Give us a workable solution. The government should work without the need to go to court. Give us a way out," the bench said.
The apex court was hearing a plea filed by the Aam Aadmi Party (AAP)-led Delhi government against the Centre for extending the tenure of the current Delhi Chief Secretary, Naresh Kumar - or appointing a new official.
The plea of Delhi government 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.
During the hearing today, senior advocate Abhishek Manu Singhvi appearing for the Delhi government told the bench that "it is always the Delhi government that appointed (Chief Secretary). Now there is a generic Ordinance (now the Delhi Services Bill brought by the Centre which gave Central government control over the posting of bureaucrats). What I am objecting to is the unilateral decision of the LG."
Solicitor General Tushar Mehta, appearing for the Centre, referring to the Delhi Services Bill, told the top court that the Union Home Ministry made these appointments "even prior to the impugned amendment".
Singhvi, however, said that the Ministry would only make appointments based on the advice of the Council of Ministers.
At this, CJI proposed, "Why doesn't LG and Centre propose a panel of names? The ultimate choice will be from a panel made by you. You suggest a panel. Then they (the Delhi government) will pick up one name."
The bench then posted the matter for hearing on November 28.
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, the Chief Secretary.
