The court docket requested the Centre to point out the ability beneath which it may possibly prolong the tenure of the chief secretary.
New Delhi:
Because the Centre on Tuesday submitted that it wished to increase the tenure of the Delhi chief secretary who is because of retire on November 30, the Supreme Court docket sought to know beneath which energy it may possibly achieve this and quipped if it was “caught with just one individual” and did not have some other IAS officer for the put up.
The apex court docket requested the Central authorities to tell it on Wednesday concerning the grounds on which it wished to increase the tenure of Chief Secretary Naresh Kumar by six extra months.
Throughout a listening to on a Delhi authorities’s plea, a bench headed by Chief Justice D Y Chandrachud urged that Mr Kumar must be allowed to superannuate and a recent appointment must be made.
On the identical time, it additionally famous that the Centre held the ability beneath the Authorities of Nationwide Capital Territory of Delhi (Modification) Act to make the appointment and there was no keep on it.
“This man is superannuating. Let this man superannuate. You make a recent appointment,” the bench stated.
The court docket was knowledgeable by Solicitor Basic Tushar Mehta, showing for the Centre, that the federal government intends to increase the tenure of the present individual, who has been working for greater than one-and-a-half 12 months, for a restricted interval.
As he stated even the time period of a superannuated individual may be prolonged if the federal government so needs, the CJI stated, “Are you caught with just one individual?”.
“You need to make the appointment, make it. Do not you will have any IAS officer who may be made chief secretary of Delhi? Are you so caught on one IAS officer?,” the bench additionally comprising justices J B Pardiwala and Manoj Misra stated.
The legislation officer responded, “I’m not caught with just one individual” however there have been some administrative causes.
The highest court docket requested the Centre to point out the ability beneath which it may possibly prolong the tenure of the chief secretary.
“Present us the ability to increase. And present us what’s the floor on which you need to prolong. In any other case, you’ll be able to appoint whoever you need to, take directions.
“We’re not holding you in any path. You choose any IAS officer of your selection who will come right here and maintain the place of chief secretary,” stated the bench, including it should take up the matter on Wednesday.
The appointment of the chief secretary is the newest bone of rivalry between Chief Minister Arvind Kejriwal-led Delhi authorities and Lieutenant Governor (LG) V Okay Saxena who’ve been concerned in a collection of run-ins over numerous points.
The bench was listening to a plea of the Delhi authorities in opposition to any transfer by the Centre to nominate, with none session with it, the brand new chief secretary or prolong the tenure of the present high civil servant Naresh Kumar. The Delhi authorities has questioned how the Centre may proceed with the appointment of the chief secretary with none session with it whereas the brand new legislation is beneath problem.
Senior advocate Abhishek Singhvi, representing the Delhi authorities, on Tuesday argued there was an absolute breach of communication, belief and religion between this chief secretary and the administration.
He stated he was not asking to nominate an individual of his selection however the Centre can select from the senior most 5 IAS officers or let the LG and CM sit collectively and resolve.
“My lordships do not reside in a vacuum. I’m not blaming him or blaming myself. Daily your lordships see in newspapers, for all the pieces and something, Chief secretary is a linchpin and that’s your lordships’ phrase,” Mr Singhvi submitted.
On being requested by the bench as to for the way lengthy the Centre proposed to increase the tenure of the present chief secretary, Mr Mehta stated the choice gave the impression to be for six months, topic to the court docket’s order.
“Now the ordinance permits us to make an appointment due to the very peculiar nature of Delhi.
“The chief secretary must study to cope with the chief minister and the elected wing must cope with the chief secretary the best way a senior bureaucrat is required to be handled. You may’t cope with him as a category IV worker. If this occurs, such points is not going to come up,” he stated.
Mr Singhvi stated an individual is superannuating and in the entire of India the federal government has no IAS workplace to decide on and it was extending his tenure which “speaks for itself”.
To this, the CJI stated the Authorities of Nationwide Capital Territory of Delhi (Modification) Act has come into drive and it provides energy to the Centre to nominate the chief secretary and the apex court docket has not stayed the legislation.
“Subsequently, beneath the Act, as they stand right this moment, they’ve the ability to nominate the chief secretary,” the CJI stated, including that “Now we have expressly declined to remain the legislation”.
The Act which was notified in August provides the Centre management over forms within the nationwide capital and an authority was created beneath it for the switch and posting of Group-A officers.
When Mr Singhvi submitted that there was nothing particular within the new Act that offers with the Chief Secretary, Mr Mehta stated the brand new Act defines the phrase chief secretary as chief secretary of NCT of Delhi to be appointed by the central authorities and it’s an unique area of the central authorities beneath the brand new legislation.
The bench stated it had earlier requested the Centre to offer a panel of three or 5 names to the Delhi authorities and they’re going to choose one title however now it was saying that the Central authorities can appoint anyone it needs to.
As Mr Mehta stated it may be the identical individual beneath the legislation, the CJI requested him to apprise the court docket beneath which energy this may be accomplished.
“There are officers who’re being given extensions beneath the statutory powers of the federal government,” the solicitor common stated.
“This renders the federal government of NCT of Delhi a mere observer within the appointment of essentially the most essential member of the everlasting govt, the Chief Secretary,” the Delhi authorities stated in its plea.
For efficient and easy governance, it’s the state authorities, which enjoys the mandate of the native folks, that appoints the Chief Secretary, it stated.
(Aside from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)