Reporter: Arvind Singh
The Supreme Courtroom in the present day allowed the Central Authorities to increase the companies of Delhi Chief Secretary Naresh Kumar. The Delhi authorities has objected to the extension and has approached the Supreme Courtroom towards the Centre’s transfer. Rejecting the objection of the Delhi authorities, the court docket mentioned that in accordance with the prevailing legislation, the Middle has the proper to take this choice and the choice to grant extension of service can’t be referred to as a violation of the legislation. The tenure of Delhi Chief Secretary Naresh Kumar was to finish on 30 November.
In its order, the Supreme Courtroom cited the Delhi Service Invoice 2023, below which the Central Authorities has the proper to administrative companies in Delhi. Nevertheless, this legislation has been challenged by the Delhi Authorities within the Supreme Courtroom and this subject is at the moment pending earlier than the Structure Bench. The Supreme Courtroom mentioned in its order that in accordance with the prevailing legislation, the Central Authorities has the proper to nominate the Chief Secretary and below this, the Middle additionally has the proper to present extension of service to any officer who’s going to retire.
The Supreme Courtroom mentioned in its order that the publish of Chief Secretary is vital for Delhi. He additionally has to cope with issues associated to these topics (comparable to public order, police and land) which don’t come below the jurisdiction of the Delhi Authorities. The manager and legislative powers associated to those topics come below the purview of the Central Authorities solely.
Within the listening to held on Tuesday, the Central Authorities informed the Supreme Courtroom that it has determined to present a months extension to the present Chief Secretary Naresh Kumar. Delhi authorities had expressed its objection to this choice. On this, the Supreme Courtroom had requested the Central Authorities that if the Delhi Authorities doesn’t need Naresh Kumar as Chief Secretary, then why it’s not contemplating some other identify? “Do you’ve got just one IAS officer for this publish?” the highest court docket had remarked.
Within the listening to held in the present day, advocate Abhishek Manu Singhvi, on behalf of the Delhi authorities, argued that in accordance with the selections given within the years 2020 and 2023, the central authorities can appoint administrative officers solely by taking the Delhi authorities into confidence. The Chief Secretary doesn’t need to take care of solely these issues which come below the jurisdiction of the Central Authorities. He additionally has to take care of lots of of different issues associated to Delhi and the Delhi authorities. Singhvi argued that why is the Central Authorities adamant on giving an extension in service to such an officer, whom the Delhi Authorities doesn’t belief? Singhvi additionally prompt that the LG and the Chief Secretary can sit collectively and focus on 5-10 names and the identify chosen by the LG might be accepted by the Delhi authorities because the Chief Secretary.
SG Tushar Mehta mentioned that the prevailing guidelines give the Central Authorities the proper to nominate and prolong the service of the Chief Secretary. Giving an extension of service to the Chief Secretary is just not a singular choice.
