Centre's decision on Delhi Chief Secretary tenure upheld by Supreme Court

Satya Prakash

New Delhi, November 29

Upholding the Centre’s power to appoint the Chief Secretary of Delhi, the Supreme Court on Wednesday said it can grant six-month extension to the current incumbent Naresh Kumar who is due to retire on November 30.

“The power to appoint included the power to extend the term of a superannuating officer,” said a three-judge Bench led by CJI DY Chandrachud. On Tuesday, the Bench had asked the Centre to show the provisions under which it had the power to appoint the Chief Secretary or grant extension to a superannuating officer.

“We have come to the conclusion that at this stage bearing in mind the provisions of the Constitution Bench judgment and the subsequent enactment of the Services Act, the decision of the Central government to extend the services of the incumbent Chief Secretary for six months can’t be construed to be violative of law,” it said. The order is viewed as a setback to the Arvind Kejriwal-led AAP government which has been at loggerheads with the Centre and the Lt Governor over various issues of governance in the national Capital, leading to several rounds of litigation.

Not violative of law

The decision of the Central government to extend the services of the incumbent Chief Secretary for six months can’t be construed to be violative of law. — Bench