Supreme Court On Delhi’s Top Official Row: “Why Don’t Chief Minister, Lt Governor…”

The Delhi government and the Delhi Lieutenant Governor were engaged in a heated dispute over appointing a new Chief Secretary. On Friday, the Supreme Court intervened and ordered both parties to meet and engage in a civil discussion regarding the shortlist of candidates that the central government would provide on Tuesday.

This comes after the Aam Aadmi Party-controlled Delhi government filed a lawsuit in court to prevent the central government from appointing a new official or extending the term of the current Chief Secretary, Naresh Kumar, retiring this month. The Delhi government had maintained that such appointments could not be made without its consultation, and the challenge was set against the backdrop of the controversial ordinance that gave the centre control over the posting of bureaucrats.

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Senior advocate Abhishek Singhvi argued on behalf of the Delhi government during today’s hearing, saying, “…it always the Delhi government that appointed. There is currently a generic ordinance, to which I object on the grounds that it was made unilaterally by the LG.”

Referring to the Delhi Services Bill, Solicitor General Tushar Mehta, representing the centre, responded that these appointments were actually made “even prior to the impugned amendment” by the Union Home Ministry. Mr Singhvi countered that the ministry would only appoint people in accordance with the Council of Ministers’ recommendations.

“Why don’t LG (Delhi Lieutenant Governor VK Saxena) and CM (Chief Minister Arvind Kejriwal) meet?” “… (but) last time we said that, for the appointment of DERC (Delhi Electricity Regulatory Commission) Chairperson, they never agreed,” the bench, led by Chief Justice DY Chandrachud, reported.

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Therefore, why don’t LG and the centre suggest a panel of names? The final decision will come from a panel that you create. You recommend a panel. The Chief Justice suggested that after that, “they (the Delhi government) will select one name.” Mr. Mehta swiped at this and said, “…(but) the officers, the way they’re being treated – much is to be said about it.” He then agreed to return with a shortlist as instructed.

“How am I going to treat? I am not in a position of authority. “Every officer works under LG,” Mr. Singhvi retorted.

The reference was to the charges of corruption against Mr Kumar, whose son was mentioned in a news article on November 9 in connection with a purported real estate scam. The Delhi High Court granted Mr. Kumar relief on Wednesday, ordering the news website to remove the piece that was allegedly disparaging of the Chief Secretary of Delhi.

In his plea, Mr. Kumar requested that the article be removed and that the news portal and the reporter be prohibited from publishing any more defamatory articles about him. According to his lawyer, the article was “pre-planned” in an effort to “please some people” and “activate” people against him.