Reporter: Arvind Singh
The Supreme Court right now allowed the Central Government to increase the companies of Delhi Chief Secretary Naresh Kumar. The Delhi authorities has objected to the extension and has approached the Supreme Court towards the Centre’s transfer. Rejecting the objection of the Delhi authorities, the court docket mentioned that in accordance with the present legislation, the Center has the precise to take this determination 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 Court cited the Delhi Service Bill 2023, beneath which the Central Government has the precise to administrative companies in Delhi. However, this legislation has been challenged by the Delhi Government within the Supreme Court and this problem is at present pending earlier than the Constitution Bench. The Supreme Court mentioned in its order that in accordance with the present legislation, the Central Government has the precise to nominate the Chief Secretary and beneath this, the Center additionally has the precise to offer extension of service to any officer who’s going to retire.
The Supreme Court mentioned in its order that the put up of Chief Secretary is necessary for Delhi. He additionally has to take care of issues associated to these topics (equivalent to public order, police and land) which don’t come beneath the jurisdiction of the Delhi Government. The govt and legislative powers associated to those topics come beneath the purview of the Central Government solely.Â
In the listening to held on Tuesday, the Central Government instructed the Supreme Court that it has determined to offer a months extension to the present Chief Secretary Naresh Kumar. Delhi authorities had expressed its objection to this determination. On this, the Supreme Court had requested the Central Government that if the Delhi Government doesn’t need Naresh Kumar as Chief Secretary, then why it isn’t contemplating some other title? “Do you have only one IAS officer for this post?” the highest court docket had remarked.
In the listening to held right now, 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 must take care of solely these issues which come beneath the jurisdiction of the Central Government. 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 Government adamant on giving an extension in service to such an officer, whom the Delhi Government doesn’t belief? Singhvi additionally urged that the LG and the Chief Secretary can sit collectively and focus on 5-10 names and the title chosen by the LG can be accepted by the Delhi authorities because the Chief Secretary.
SG Tushar Mehta mentioned that the present guidelines give the Central Government the precise to nominate and prolong the service of the Chief Secretary. Giving an extension of service to the Chief Secretary is just not a singular determination.
