The Centre stuck to its preference for Kumar, who has been attacked by the AAP government for alleged corruption, even as a bench led by Chief Justice D Y Chandrachud asked why he could not be replaced and suggested that the Centre could choose any senior IAS officer of its choice to head Delhi’s bureaucracy.
“Are you stuck with one person? Let this man superannuate. Appoint a new person. You don’t have to give a panel of names to the CM to choose from. You appoint whoever you want. Don’t you have any other senior IAS officer to be appointed as chief secretary of Delhi?” the bench, which also comprised Justices J B Pardiwala and Manoj Misra, asked. The poser was at odds with the apex court’s proposal on Friday that the Delhi government could choose one from a panel of five IAS officers drawn up by the Centre.
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Importantly, the hearing saw the bench affirming that after enactment of the law on services, it was the Centre which had primacy in the matter. The AAP government, through senior advocate A M Singhvi, accused the Centre of not heeding the suggestion of the bench led by CJI Chandrachud, and said as the chief secretary was the lynchpin of administration, as ruled by the SC in numerous judgments, the Delhi CM must have a say in his appointment.
He said the position prior to the services ordinance, which has since become law, was that the chief secretary was appointed on the Delhi government’s suggestion.
As things stand, Centre has primacy to name chief secretary: SC
In May, before issuance of the services ordinance, the SC had ruled that the Delhi government had both legislative and executive control over bureaucracy.
Since the ordinance and the law are under challenge, the Delhi government sought that at least the mode suggested by the Centre on the chief secretary’s appointment be adhered to, adding that the CM was ready to pick a name from among a panel of five senior bureaucrats.
But the bench said it had expressly refused to stay operation of either the ordinance or the services law and that the position as it stood today was that the Union government had primacy to appoint the chief secretary.
Turning to solicitor general Tushar Mehta, the CJI-led bench, however, asked him about Kumar’s indispensability.
The SG said the Centre has the power to extend the services of bureaucrats depending on the necessity of retaining the expertise of a particular officer in administration. “Delhi is unlike any other place. It is the national capital, and its chief secretary holds a very sensitive position handling myriad challenging assignments. Why is the entire elected government afraid of one person?” he asked.
The SC asked the SG to show to the court on Wednesday the law or regulations that empower the Union government to extend the tenure of a bureaucrat beyond his retirement. Kumar will retire on November 30.