Appointment of new Chief Secretary in Delhi: SC asks Centre to suggest a panel of three names

Satya Prakash

New Delhi, November 24

As the Delhi Lt Governor VK Saxena and the Arvind Kejriwal-led AAP Government sparred over  the appointment of a new Chief Secretary for the Government of NCT Delhi, the Supreme Court on Friday asked the Centre if it could come up with a panel of three names for the post.

”Why can’t the LG and the CM meet? Last time we said that for the appointment of DERC Chairperson and they never agreed…So, why don’t the LG and the 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 said, posting the matter for further hearing on Tuesday.

The Bench was hearing the Delhi Government’s petition against any move by the Centre to appoint, without any consultation with it, the new chief secretary or extend the tenure of the current incumbent Naresh Kumar who is due to retire on November 30.

The Lt Governor and Delhi Government have been at loggerheads over various issues of governance in the national capital, leading to several rounds of litigation, including Constitution Bench verdicts.

The Delhi Government has contended the Centre can’t proceed with the appointment of the chief secretary without any consultation with it while the Government of National Capital Territory of Delhi (Amendment) Act, notified in August, was under challenge. The law gave the Centre control over bureaucracy in the national capital and created an authority for the transfer and posting of Group-A officers.

On behalf of the Delhi Government, senior counsel Abhishek Singhvi said that the law dealing with ‘services’ was already under challenge before the Supreme Court and “there cannot be a unilateral exercise of power by the LG”.

Solicitor General Tushar Mehta, representing the Centre, said the Delhi Chief Secretary has always been appointed by the Union Ministry of Home Affairs.

As Singhvi said the Chief Secretary was appointed on the recommendation of the Chief Minister, Mehta countered him, saying, “Never. I can put this on the affidavit.”

“I am very sorry to say that there is a running commentary against the Chief Secretary and he had to approach the court against scurrilous allegations,” said senior counsel Harish Salve on behalf of the Office of LG.

“We must have a modality in which the government functions. I am sure both of you can give us a way out,” the CJI said, posting the matter for hearing on November 29.