Supreme Court Approves Centre's Decision To Extend Service Of Delhi Chief Secretary By Six Months

Reporter: Arvind Singh

The Supreme Court today allowed the Central Government to extend the services of Delhi Chief Secretary Naresh Kumar. The Delhi government has objected to the extension and has approached the Supreme Court against the Centre's move. Rejecting the objection of the Delhi government, the court said that according to the existing law, the Center has the right to take this decision and the decision to grant extension of service cannot be called a violation of the law. The tenure of Delhi Chief Secretary Naresh Kumar was to end on 30 November.

In its order, the Supreme Court cited the Delhi Service Bill 2023, under which the Central Government has the right to administrative services in Delhi. However, this law has been challenged by the Delhi Government in the Supreme Court and this issue is currently pending before the Constitution Bench. The Supreme Court said in its order that according to the existing law, the Central Government has the right to appoint the Chief Secretary and under this, the Center also has the right to give extension of service to any officer who is going to retire.

The Supreme Court said in its order that the post of Chief Secretary is important for Delhi. He also has to deal with matters related to those subjects (such as public order, police and land) which do not come under the jurisdiction of the Delhi Government. The executive and legislative powers related to these subjects come under the purview of the Central Government only. 

In the hearing held on Tuesday, the Central Government told the Supreme Court that it has decided to give a months extension to the current Chief Secretary Naresh Kumar. Delhi government had expressed its objection to this decision. On this, the Supreme Court had asked the Central Government that if the Delhi Government does not want Naresh Kumar as Chief Secretary, then why it is not considering any other name? "Do you have only one IAS officer for this post?" the top court had remarked.

In the hearing held today, advocate Abhishek Manu Singhvi, on behalf of the Delhi government, argued that according to the decisions given in the years 2020 and 2023, the central government can appoint administrative officers only by taking the Delhi government into confidence. The Chief Secretary does not have to look after only those matters which come under the jurisdiction of the Central Government. He also has to look after hundreds of other matters related to Delhi and the Delhi government. Singhvi argued that why is the Central Government adamant on giving an extension in service to such an officer, whom the Delhi Government does not trust? Singhvi also suggested that the LG and the Chief Secretary can sit together and discuss 5-10 names and the name chosen by the LG will be accepted by the Delhi government as the Chief Secretary.

SG Tushar Mehta said that the existing rules give the Central Government the right to appoint and extend the service of the Chief Secretary. Giving an extension of service to the Chief Secretary is not a unique decision.