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In a setback for Delhi govt, Supreme Court clears Centre's proposal to extend 6-month extension for top officer

by Trans World Features | @twfindia 30 Nov 2023, 12:44 am

New Delhi: The Delhi government suffered a major setback Wednesday after the Supreme Court cleared the Centre's proposal to extend the tenure of Chief Secretary Naresh Kumar.

Kumar was due to retire in 24 hours but will now receive a six-month extension.

The Delhi government had opposed this citing that the ordinance giving the ruling BJP control of bureaucrats posted to the national capital is currently being challenged in the top court.

The AAP government had argued that it means the Centre cannot make appointments, particularly to senior posts, without consultation.

A bench led by Chief Justice DY Chandrachud ruled a six-month extension could not be viewed as a violation of any law.

The court accepted the Centre's argument that it has the right to transfer and appoint bureaucrats in the Delhi government since its ordinance has not yet been reversed.

The Centre had submitted its proposal to extend Kumar's tenure on Tuesday.

The court, however, wanted to know why the Centre seemed to be "stuck with only one person".

"You want to make the appointment, make it (but) don't you have any officer who can be Chief Secretary...  are you stuck?" the bench, also comprising Justices JB Pardiwala and Manoj Misra, said.

It was suggested Kumar be allowed to superannuate and a fresh appointment be made.

"This man is superannuating. Let this man superannuate. You make a fresh appointment," the bench led by the Chief Justice had said, before relenting and directing the centre to return today with reasons for its choice.