The Supreme Court has recommended a unique solution to solve the tug of war going on between the Delhi Lieutenant Governor and the Government of National Capital Territory of Delhi (GNCTD) over the appointment of Delhi Chief Secretary.
The Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra on Friday advised LG Vinai Kumar Saxena and the Union Government to propose a panel of names for the post of Chief Secretary and asked the Delhi Government to choose one name from the panel.
The Aam Aadmi Party-led Delhi government had recently moved the Apex Court, alleging that a ‘unilateral decision-making process’ was being adopted by the Centre to appoint Delhi Chief Secretary.
The petition challenged the Central government’s decision to extend the tenure of current Chief Secretary Naresh Kumar, who was due to retire in November 2023, without consulting the Government of Delhi.
The plea further challenged the Government of National Capital Territory (Amendment) Act 2023, a law recently brought by the Centre, which had the effect of depriving Delhi Government of the power over services.
The plea challenging the said ordinance has been referred to a five-judge Constitution Bench. Senior Advocate Abhishek Manu Singhvi, representing the Delhi government, submitted that from the inception of Delhi, it was always NCT which made appointments. Now a generic ordinance has been brought. The senior Advocate said he was objecting to the unilateral decision of LG.
The argument was rejected by Solicitor General Tushar Mehta, appearing for the LG. He contended that the Home ministry had always appointed the Chief Secretary even prior to the impugned amendment.
Singhvi responded that the Home ministry made a formal appointment on the aid and advice of the Council of Ministers.
The CJI initially suggested the LG and the CM to meet. However, he was quick to note that the same approach had not worked for the appointment of Chairperson of the Delhi Electricity Regulatory Commission (DERC).
Senior Advocate Harish Salve, also appearing for the LG, argued that aspersions were cast on candidates, noting that such kind of things vitiated the atmosphere.
Regarding the article published by ‘The Wire’ on Delhi’s current Chief Secretary Naresh Kumar casting aspersions on him in relation to his involvement in an alleged land acquisition case, he said one gentleman had to go to the court and get an injunction.
The Delhi High Court had recently directed the Wire to take down the story regarding the same.
Singhvi responded by saying that the story was published by The Wire. It had nothing to do with the GNCTD.
The Bench then suggested the LG and Union Government to propose a panel of names. It said the ultimate choice would be from a panel made by LG. The GNCTD would then pick up one name, it added.
Salve sought assurance that the names suggested by the LG and the Union of India were not posted on social media sites such as Twitter and Instagram.
The Apex Court noted that since it involved the career of IAS officers, the names must be kept away from social media and listed the matter for further hearing on November 28.
The SG said that it would come back on Tuesday. He said there was much to be highlighted on the way the officers were being treated.
(Case title: Government of NCT of Delhi vs Union of India and Ors)