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With days to go for the post of the Delhi Chief Secretary to be vacated, the Supreme Court will Tuesday hear the matter related to the appointment.
Last Friday, a three-judge bench presided over by Chief Justice of India DY Chandrachud heard a plea by the AAP-Delhi government against an extension of tenure for incumbent CS Naresh Kumar, who is scheduled to retire on November 30, or the appointment of a new official on the post “unilaterally” by the Centre. The apex court had asked if the Centre or the L-G can provide a panel of bureaucrats from which the Delhi government can pick a name. The Centre maintained that it is the Home Ministry that has a final say in the matter.
The appointment of the Delhi Chief Secretary is tied with a larger, national overhaul, as it is expected to impact postings of senior AGMUT, or central cadre IAS officers posted to Delhi, Chandigarh, Jammu and Kashmir, Goa and Arunachal Pradesh as well, according to sources in the bureaucracy.
The appointment of the Delhi CS is also crucial because of the city’s administrative structure, where the Centre has been calling the shots after the amendment to the Act that governs the Union Territory.
The Centre, during the hearing in the matter Tuesday, is expected to “rely heavily” on the MHA’s “absolute right” to transfer and post “any officer to any constituent at any time on administrative grounds/public interest” as per guidelines for transfer and posting of IAS and IPS officers of the Joint AGMUT cadre issued in November 2016, sources said.
“The rules are clear especially when it comes to the appointment of the CS or the senior-most police officer posted in UTs: this has to be decided with the approval of the Union Home Minister,” a source said.
“While the policy also provides for consultation with the Chief Minister, the panel is provided by MHA for consideration of the Chief Minister who is to convey their response with reasons within 15 days. The final decision rests with MHA,” the source added.
In May, after the SC handed the reins of the services department to the Delhi government, it had proposed that Naresh Kumar be replaced by 1989 batch IAS officer PK Gupta. While Kumar retires on November 30, Gupta will superannuate in January.
After the SC order, the Parliament amended the GNCTD Act which governs Delhi and gave the reins of the department back to the Centre through the L-G.
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