The actions or inactions of a chief secretary must not put the elected government at a “standstill”, the Supreme Court has said while holding that the Centre’s decision to extend the services of the top-most bureaucrat in the Delhi government for six months cannot be construed as violative of law.
“The chief secretary performs functions which fall both within and outside the executive competence of the GNCTD (The government of national capital territory of Delhi). The chief secretary though appointed by the central government, must comply with the directions of the elected government over matters on which their executive competence extends,” a bench headed by Chief Justice D Y Chandrachud said.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, had delivered the verdict on November 29 and it was uploaded on the Supreme court website later.
The Supreme court verdict came on a plea filed by the Delhi government against any move by the Centre to appoint, without any consultation with it, a new chief secretary or extend the tenure of the incumbent top civil servant Naresh Kumar, who was set to demit office on November 30.
In its 28-page verdict, the bench referred to a 1973 judgement of the Supreme court and said it was observed that the chief secretary’s post was a “post of great confidence- a lynchpin in the administration”.
The Supreme court referred to the May 11 judgement of a five-judge constitution bench this year which held that the Delhi government has legislative and executive powers over administration of services except for public order, police and land. The verdict was touted as a big victory for the AAP government.
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