New Delhi:
The Supreme Court interverned Friday in the tussle between the Delhi goverment and the Delhi Lieutenant Governor over the appointment of a new Chief Secretary, directing both sides to sit down and amicably discuss the shortlist of candidates to be provided on Tuesday by the central government.
This comes after the Delhi government – controlled by the Aam Aadmi Party – moved the court against the centre extending the tenure of the current Chief Secretary – Naresh Kumar, who retires this month – or appointing a new official. The challenge was against the backdrop of the contentious ordinance that gave the centre control over posting of bureaucrats, and the Delhi government had argued such appointments could not be made without it being consulted.
In today’s hearing, arguing for the Delhi government, senior advocate Abhishek Singhvi said, “… it always the Delhi government that appointed. Now there is a generic ordinance… what I am objecting is the unilateral decision of the LG.”
To this, Solicitor General Tushar Mehta, appearing for the centre, said it was, in fact, the Union Home Ministry that made these appointments “even prior to the impugned amendment”, referring to the Delhi Services Bill. However, Mr Singhvi argued this point, saying the ministry would only make appointments based on the advice of the Council of Ministers.
“Why don’t LG (Delhi Lieutenant Governor VK Saxena) and CM (Chief Minister Arvind Kejriwal) meet?” the bench led by Chief Justice DY Chandrachud responded and then observed, “… (but) last time we said that, for the appointment of DERC (Delhi Electricity Regulatory Commission) Chairperson, they never agreed…”
“So… why doesn’t LG and centre propose a panel of names? 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 Chief Justice proposed.
Mr Mehta accepted this and said he would return with a shortlist as directed, but took a swipe on his way out, saying, “…(but) the officers, the way they’re being treated – much is to be said about it.”
“How will I treat? I have no authority. All officers are under LG,” Mr Singhvi shot back.
The reference was to the corruption allegations surrounding Mr Kumar, whose son was linked to an alleged real estate scam in a news report published on November 9. On Wednesday the Delhi High Court gave Mr Kumar relief, directing the news website to take down the article that was said to be defamatory of the current Delhi Chief Secretary.
Mr Kumar, in his plea, sought to take down the article as well as a direction to restrain the news portal and the reporter from publishing any further defamatory articles against him. His counsel had said the article was “pre-planned” in order to “activate” people against him and to “please some people”.