The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Friday directed the Centre to propose a list of five names for the appointment of a new chief secretary for Delhi, allowing the government of the National Capital Territory to choose one from the list to lead the administration.
Senior advocate A M Singhvi, appearing for the Delhi government, contended before a three-judge bench led by Chief Justice of India D Y Chandrachud that it was always the Delhi government that appointed the chief secretary and that now there was a generic ordinance.
"What I am objecting is the unilateral decision of the Lieutenant Governor," he said.
Solicitor General Tushar Mehta, representing the Centre, submitted before the bench, also comprising justices J B Pardiwala and Manoj Misra, that the chief secretary is appointed by Ministry of Home Affairs (MHA).
"Even prior to the impugned amendment (referring to the Delhi Services Law), and that process is midway," he said.
Singhvi said the home ministry made the formal appointment at the recommendation of the chief minister.
Mehta, however, did not agree with Singhvi’s contention.
"Ultimately, MHA has to make the appointment….why don’t both of you give us some workable solution that will meet the concerns of the Union government and foster a degree of confidence in the officer in the elected arm of the state….I am sure both of you can give us some way out," the CJI said.
Mehta asked the court not to provide any suggestions as it is difficult to reject them later.
"The LG and the CM can meet…last time we said that for the appointment of the chairman of the DERC, and they never agreed. Give and take, and both of them would be able to agree," the bench suggested.
Senior advocate Harish Salve, representing the Delhi LG, said there has been a running commentary on the existing secretary and he had to move to court and “get an injunction against the scurrilous attack… and these things are vitiating the atmosphere”.
Singhvi proposed providing ten names for consideration.
"Can we suggest one thing…why don’t you do this, there is a possible way forward.... because if we just leave it sort of an open-ended process for the CM and LG to meet, I don’t think they will break bread. Why doesn't LG propose a panel of names," the bench suggested.
The court said a panel of names could be suggested by the LG and Centre.
“Ultimate choice will be from a panel made by you. You suggest a panel. These people are seasoned IAS officers, good people to work as chief secretaries…..Then they (Delhi government) will pick one from that which you suggest,” the bench told Mehta.
Salve said names shared should not be published on Instagram and Twitter. The bench agreed with Salve’s submission.
Mehta accepted the court's suggestion and said he would return with a shortlist as directed.
At the end of the hearing, Mehta said, "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 (sic)," Singhvi retorted.
The court scheduled further hearing on Tuesday for the Delhi government's plea against the Centre's move to extend the tenure of the current chief secretary, Naresh Kumar, who retires this month, or appointing a new official.