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You suggest, and let Delhi decide: SC to Centre on chief secretary appointment
The Centre told the court that it will furnish names of such officials on Tuesday next week, when the petition will be taken up for hearing.
The Supreme Court on Friday suggested that the central government propose names of officials for the post of the Delhi’s chief secretary, from which the state government may take a final pick.
The court’s direction came on a petition filed by the Delhi government on November 7, challenging the “unilateral decision-making process” being adopted by the Centre to appoint Delhi’s chief secretary as it said that there must be a “degree of confidence in the elected arm of the state.”
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said, “We must have a process where governments can function. This is about governance...We must foster a degree of confidence in the elected arm of the state.”
The Centre told the court that it will furnish names of such officials on Tuesday next week, when the petition will be taken up for hearing.
The present chief secretary of Delhi, Naresh Kumar, is set to demit office by November-end.
The Delhi government in its plea cited Rule 7(2) of the Indian Administrative Service (Cadre) Rules, 1954 that stipulates all appointments to cadre posts in a state cadre to be made by the state government. Also citing the apex court’s May order which held that the services department will rest with the Delhi government, the petition said that the 2023 Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act violates the decision of the court, rendering the Delhi government to be a “mere observer” in appointing the chief secretary.
Proposing a way out, the bench, also comprising justices JB Pardiwala and Manoj Misra, on Friday told the Centre to suggest the names of officials which could be shared with the Delhi government just before the hearing and a decision could be finalized in court.
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“If we leave it open ended, there won’t be any solution. Why don’t you (Centre) suggest a panel of best, senior-most officers. This can give them (Delhi) free play in the joints so that they can pick a name. Ultimate choice will be from a panel chosen by you,” the bench said. It then asked the Delhi government to have an authority suitable enough to decide on a name.
Solicitor general (SG) Tushar Mehta, appearing for the Centre, told the court that the process of appointing a chief secretary was “mid-way”, and said, “Since this suggestion has come from the court, it will be considered.”
Initially, the bench had also suggested that the Delhi lieutenant governor and the chief minister could meet and decide on a name, but realised that this failed to yield any result in a previous round of litigation where the Delhi government and Centre locked horns over the appointment of Delhi Electricity Regulatory Commission (DERC) chairperson in July this year. To break the impasse, the court had to nominate a former Delhi high court judge, justice Jayant Nath, as interim chairperson.
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Senior advocate Abhishek Manu Singhvi appearing for the Delhi government told the court that till the constitutional validity of the Ordinance brought by Centre amending the Government of National Capital Territory of Delhi (GNCTD) Act (later passed as a law by Parliament), there cannot be “unilateral exercise of power” by the Centre acting through the LG.
Singhvi, appearing along with advocate Shadan Farasat, then proposed that a set of five best officers could be proposed by the Centre as he said that prior to the Ordinance, the chief secretary’s name used to be recommended by chief minister.
Senior advocate Harish Salve, appearing for the LG, pointed out the danger of bringing names of officials to the court. “What names are shared should not be on Instagram and Twitter. Nobody should be allowed to go public with the names and why they were not selected.”
He also told the court that there has been a “running commentary” making scurrilous charges against the current chief secretary Kumar, who approached the Delhi high court earlier this week, seeking relief. He was referring to an article by a news portal linking Kumar’s son with a case pertaining to enhanced valuation of land by the National Highway Authority of India (NHAI) for the Dwarka expressway project. The HC had directed the news portal to pull down the defamatory article.
SG Mehta agreed with Salve, and said that the Delhi government should be asked to respect the officers’ dignity. “Much is left to be said on the way officers are being treated. Respect should not be commanded but earned.”
The bench said, “Surely this must be done. We are dealing with the career of officers. Suppose a person is not appointed, if his name is put out, he will ask why you considered me for the appointment without my consent. Let us not do any mud-slinging against officers.”
Singhvi told the court that the allegation is not true. “They (officials) don’t listen to me. Where is the question of treating them in any manner?” On the alleged defamatory article against Kumar, Singhvi said that it had nothing to do with the Delhi government.
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