NEW DELHI, Nov 29: The Aam Aadmi Party government in Delhi suffered a major setback on Wednesday after the Supreme Court cleared the centre’s proposal to extend the tenure of the Chief Secretary Naresh Kumar for a period of six months. He was due to retire on Thursday.
The Delhi government had opposed this on grounds the ordinance that gives the ruling BJP control of bureaucrats posted to the national capital is currently being challenged in the top court. The Delhi government had argued this means the centre cannot make appointments, particularly to senior posts, without consultation.
A bench led by Chief Justice DY Chandrachud ruled a six-month extension could not be viewed as a violation of any law. The court accepted the centre’s argument – that it has the right to transfer and appoint bureaucrats in the Delhi government since its ordinance has not yet been reversed.
The centre had submitted its proposal to extend Mr Kumar’s tenure on Tuesday. The court, however, wanted to know why the centre seemed to be “stuck with only one person.” “You want to make the appointment, make it (but) don’t you have any officer who can be Chief Secretary… are you stuck?” the bench, also comprising Justices JB Pardiwala and Manoj Misra, said.
It was suggested Mr Kumar be allowed to superannuate and a fresh appointment be made. “This man is superannuating. Let this man superannuate. You make a fresh appointment,” the bench led by the Chief Justice had said, before relenting and directing the centre to return today with reasons for its choice. “Show us the power to extend and show us what is the ground on which you want to extend…”
Last week – amid squabbles between both sides – the Supreme Court directed Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor VK Saxena, the centre’s representative in the city, to sit down and amicably discuss a shortlist of candidates to be provided by the union government.
(Manas Dasgupta)
