No violation in centre's decision to extend tenure of Delhi Chief Secretary: SC

The Supreme Court Wednesday held that the decision of the Central government to extend tenure of the incumbent Delhi Chief Secretary Naresh Kumar by a period of six months "cannot be construed to be violative of law." Kumar was to superannuate on Thursday.

A bench headed by Chief Justice of India (CJI) D Y Chandrachud held that the Centre has the power and authority to appoint the Delhi chief secretary. Before passing the judgment the CJI, speaking for the bench, verbally observed that the Central and Delhi government "don't see eye to eye." The CJI added that if the two governments "were able to sit down," the court would not have had to intervene.

Finding little force in the contentions raised by the counsel for Delhi government, the CJI said that the Court "cannot impose chief secretaries" on a state/UT.


Analysing the legal position regarding the power and the ground for extending the tenure of the Delhi chief secretary, the bench made it clear that its analysis would have no bearing on Delhi government's challenge to the Delhi services ordinance promulgated by the central government.

The Delhi Services Ordinance promulgated by the Centre on May 19 gave overriding powers to the Lieutenant Governor in transfers and postings of civil servants in Delhi. In July a bench headed by the CJI had referred the matter to a Constitution Bench which is yet to decide Delhi government's plea.